Who has a claim to receive postseparation support and alimony?
Who is the dependent spouse? Both postseparation support and alimony are now available in North Carolina to financially dependent

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What factors does the court consider in determining alimony?
The factors that are considered by the court are as follows: 1. The marital misconduct of either of the spouses, 2. The relative earnings

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What is marital fault and how does it apply to an alimony claim?
Although an alimony claimant is no longer required to prove the other spouse is at fault in order to be entitled to postseparation

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What is illicit sexual behavior?
This fault, which used to be called adultery and unnatural sex acts (arguably more narrow concepts), can be a useful fault ground. Unlike many of the other grounds,

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What is abandonment?
Abandonment occurs when a spouse brings cohabitation to an end without justification, without the consent of the other spouse, and without the intent of renewing cohabitation.

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What is malicious turning out of doors?
Malicious turning out of doors is a sub-set of willful abandonment and is proved by the same basic facts.
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What are indignities?
An indignity is conduct which renders the other spouse’s condition intolerable and life burdensome. According to one case, “Indignities may consist of unmerited

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What is reckless spending?
This fault used to be identified under the label of the “spendthrift” spouse. A spendthrift, according to our case law, is a person who spends money profusely and

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What are possible defenses against actions of marital fault?
What is condonation? A party defending against an action that includes allegations of marital fault also has certain common law

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Who decides alimony, a judge or a jury?
The right to jury trial is governed by a statutory provision stating that a jury may render the verdict on issues of fault, but a judge alone decides the

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What is postseparation support and how do I get it?
The purpose of postseparation support is to enable the dependent spouse to meet his or her reasonable needs. In supporting a claim for

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If the dependent spouse engages in illicit sexual behavior, does he or she receive alimony?
By statute, the dependent spouse’s illicit sexual behavior, if found against that party, is an absolute

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What impact could my dating have on postseparation support and alimony?
The impacts in this arena could be quite severe, depending on how long you have been dating other person(s), whether you are

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Does a divorce have to be pending to bring an action for postseparation support and alimony?
An action for postseparation support or alimony may be brought in conjunction with a divorce, either

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Can my spouse quit working to avoid paying alimony?
How is the supporting spouse’s income used to determine alimony? A supporting spouse’s income at the time of the alimony trial is the

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When the courts consider the “condition” of the parties involved, what do the courts consider? The “condition” of the parties includes age, health, physical well-being, and other

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Can alimony be modified or vacated?
Modification or vacation of a North Carolina decree awarding alimony, whether entered after contest or upon consent, will be considered upon a motion in the cause

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Can an alimony order be terminated?
An alimony order for an indefinite term will terminate, pursuant to the applicable statute, if (1) the parties resume marital relations; (2) the dependent spouse

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Can an alimony decree be enforced?
The enforcement of an alimony decree is governed by statute, which provides for various avenues of relief, including the remedy of arrest and bail; the remedies and

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Is alimony taxed?
Under federal and state income tax law, alimony is deductible by the payor spouse and reportable as income to the dependent spouse, provided that the following criteria are met: (1)

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Can I recover attorneys fees?
Our statutes permit the court, in its discretion, to enter an order for reasonable attorney’s fees in connection not only with an award of postseparation support but

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Can postseparation support, alimony, and attorney’s fees be waived? What role do separation agreements and premarital agreements play in this process?
A valid separation agreement, in which an

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Can spouses testify against one another in an alimony action? What can be barred as evidence?
There are other devices that may limit the impact or admissions of fault evidence. More generally, a

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What is the alimony recapture rule?
The alimony recapture rule only applies to the payor when alimony payments decrease substantially or end during the first three calendar years. This rule is

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