​What Is Alimony in North Carolina?

Alimony, also known as spousal support, is a financial payment made from one spouse to another after separation or divorce. In North Carolina, alimony is designed to provide financial support to a dependent spouse who may not have the means to maintain the standard of living established during the marriage.

Who Qualifies for Alimony?

Under North Carolina General Statutes (NCGS) § 50-16.1A, the courts determine alimony eligibility based on whether one spouse is dependent and the other is supporting. A dependent spouse is one who relies on the other for financial stability.

Factors Courts Consider When Awarding Alimony:

• Income and earning capacity of both spouses

• Length of the marriage (longer marriages typically result in higher alimony awards)

• Standard of living during the marriage

• Contributions to the marriage (including homemaking and childcare)

• Age and health of both spouses

• Marital misconduct (such as adultery, abandonment, or financial irresponsibility)

How Is Alimony Calculated in North Carolina?

Unlike child support, North Carolina does not have a specific formula for calculating alimony. Instead, the judge evaluates financial documents and circumstances to determine:

• The amount of alimony

• The duration of alimony payments

• Payment method (lump sum, periodic, or indefinite payments)

Types of Alimony Payments:

• Temporary Alimony (Post-Separation Support) – Short-term payments made before the final divorce decree.

• Permanent Alimony – Ongoing payments, typically awarded in long-term marriages where one spouse cannot become financially independent.

• Rehabilitative Alimony – Short-term support to help a spouse gain education or job skills.

Can Alimony Be Modified or Terminated?

Yes, alimony can be modified or terminated under certain circumstances, such as:

• A substantial change in financial circumstances (job loss, disability, etc.)

• The receiving spouse remarries

• The receiving spouse cohabitates with a new partner

• The paying spouse retires (in some cases)

How to Protect Your Interests in an Alimony Case

If You Are Seeking Alimony:

• Gather financial records (tax returns, bank statements, and expense reports)

• Document contributions to the marriage (childcare, homemaking, financial support)

• Work with a family law attorney to build a strong case

If You May Have to Pay Alimony:

• Provide accurate income statements to ensure a fair assessment

• Consider negotiating a settlement agreement to avoid lengthy court battles

• Consult a divorce lawyer to understand your rights and obligations

Conclusion

Alimony laws in North Carolina are complex and vary based on individual circumstances. Whether you are seeking alimony or defending against a claim, working with an experienced family law attorney is essential.

At McIlveen Family Law Firm, we have extensive experience handling alimony cases and can help you navigate the legal process. Contact us today to schedule a consultation and protect your financial future.