Spousal Support in North Carolina

Postseparation support: the temporary bridge

Under G.S. § 50-16.2A, a court can order postseparation support once it makes two findings. The dependent spouse's resources must be inadequate to meet reasonable needs. The supporting spouse must have the ability to pay. Both must be true. In setting the amount, the court weighs the parties' accustomed standard of living, current income and other recurring earnings, and each party's debts and existing legal support obligations. Postseparation support is meant to cover the period while the case is pending, before a final alimony determination is made. The dependent spouse's marital misconduct before or on the date of separation can be considered here too, along with the supporting spouse's misconduct.

The illicit conduct bar for alimony

North Carolina's alimony statute contains a specific misconduct rule. Not every state has one like it. If the dependent spouse engaged in illicit sexual behavior during the marriage, and prior to or on the date of separation, the court cannot award alimony. That bar is absolute. If the supporting spouse, rather than the dependent spouse, engaged in illicit sexual behavior, the statute flips the outcome, and the court is directed to award alimony in that situation. If both spouses engaged in illicit conduct, the decision returns to the court's discretion. Conduct that was condoned by the other spouse is not counted against the party who engaged in it.

The 15 factors for amount and duration

Once a court decides alimony is warranted and not barred, it weighs 15 statutory factors. The list is long. It opens with marital misconduct and the relative earnings and earning capacity of the spouses. From there it moves to the spouses' ages and physical and mental conditions, and the sources of income for each, earned and unearned. Duration of the marriage matters too, as do contributions by one spouse to the other's education, training, or increased earning power, and the extent to which caring for children impacted a spouse's earning power. The standard of living established during the marriage rounds out this part of the list.

The remaining factors cover each spouse's education and any need for further training, the relative assets, liabilities, and debts of the parties, and property either spouse brought into the marriage. Contributions as a homemaker round out the list too, along with the relative needs of the parties, tax consequences, and any other economic factor the court finds just. That is a lot to weigh. Courts must make findings on each factor for which evidence is presented, a heavier documentation requirement than some states impose.

Duration and modification

North Carolina alimony can be awarded for a specified term, or for an indefinite period. This depends on the facts and the statutory factors above. There's no fixed formula. The statute does not impose a duration formula tied to how long the marriage lasted. The modification standard for changing an alimony order after it's entered isn't spelled out here; check the statute directly, or a North Carolina family court self-help resource, before assuming a specific rule applies.

Where North Carolina alimony cases are filed

Postseparation support and alimony claims in North Carolina are filed in district court, in the county where either spouse resides. These claims are typically part of the same divorce case as equitable distribution of marital property, and where children are involved, custody and child support. Filing alone is common. North Carolina's Judicial Branch publishes general help topics for people handling divorce and separation without an attorney, and the clerk of court in the relevant county can confirm current local filing procedures.