Alimony in North Carolina: Your Questions Answered

These alimony frequently asked questions are the ones our law firm receives most often Some may be top of your mind as you go through you separation, others are questions you may have never considered before.

1. “Will I have to pay (or will I receive) alimony in my North Carolina divorce?”

This is often one of the first questions on people’s minds when facing divorce. In North Carolina, alimony (also called spousal support) isn’t automatic or guaranteed. Whether you’ll pay or receive alimony depends on your specific situation.

For alimony to be awarded in North Carolina, two key conditions must be met:

• One spouse must be “dependent” (financially reliant on the other)
• The other spouse must be “supporting” (financially able to provide support)

A dependent spouse is someone who depends on their partner financially—perhaps you’ve been raising children while your spouse worked, or maybe you earn significantly less than your spouse does. A supporting spouse is the higher earner who has been providing that financial support.

Some factors that influence whether alimony will be awarded include:

• The length of your marriage (longer marriages are more likely to result in alimony)
• Your age and health
• Your earning capacity and financial needs
• Your standard of living during the marriage
• Your spouse’s ability to pay support

Unlike child support, there’s no standard formula for determining alimony in North Carolina. Each case is unique, which is why working with an experienced family law attorney can help you understand what to expect in your specific situation.

2. “How much alimony might I receive (or have to pay) in North Carolina?”

North Carolina doesn’t have a specific formula or calculator for determining alimony amounts. Instead, judges consider a comprehensive list of factors to decide what’s fair in your specific case.

Some of the factors that influence the amount include:

• The income and earning potential of both spouses
• Your standard of living during the marriage
• The length of your marriage
• Your age and health conditions
• Your education level and time away from the workforce
• Contributions you made to the other spouse’s education or career
• Assets and debts you’re each receiving in the divorce
• Any other factor the court finds relevant to a fair decision

For example, if you’ve been married for 20 years and gave up your career to raise children, you’re more likely to receive more substantial support than if you’ve been married for 3 years and have your own established career.

Because alimony is so case-specific, outcomes can vary widely. Some alimony awards might be just a few hundred dollars monthly, while others could be several thousand, depending on the family’s financial situation and the factors listed above.

Remember that alimony determinations can be negotiated between you and your spouse (with the help of attorneys) rather than left up to a judge. Often, reaching an agreement through negotiation or mediation gives you more control over the outcome than leaving the decision entirely to the court.

3. “How long will I receive (or have to pay) alimony in North Carolina?”

The duration of alimony in North Carolina varies based on your specific circumstances, particularly the length of your marriage and your financial situation. Unlike some states, North Carolina doesn’t have standard guidelines linking alimony duration directly to marriage length.

Alimony can be ordered in several different timeframes:

• Temporary alimony (also called postseparation support): This is short-term support paid during the separation period and divorce proceedings, before the final alimony determination
• Long-term or permanent alimony: Support that continues indefinitely, typically awarded after longer marriages when the dependent spouse is unlikely to become fully self-supporting

Alimony typically ends when:

• Either spouse dies
• The receiving spouse remarries
• The receiving spouse cohabitates with a romantic partner
• The court-specified end date is reached
• The court modifies or terminates the order due to changed circumstances

Every case is different, and the actual duration will depend on your unique situation. Working with an experienced alimony attorney can help you understand what to expect in your specific case.

4. “Is alimony taxable in North Carolina?”

After the Tax Cuts and Jobs Act of 2017, the tax treatment of alimony changed significantly. For divorces finalized after December 31, 2018:

• If you’re receiving alimony, you don’t report it as income on your tax returns
• If you’re paying alimony, you can’t deduct those payments on your taxes

This is a major change from the previous system, where alimony payments were tax-deductible for the payer and taxable income for the recipient.

For divorces finalized before January 1, 2019, the old tax rules still apply unless you specifically modify your agreement to adopt the new tax treatment.

This tax change has significant implications for alimony negotiations:

• The paying spouse has less tax incentive to agree to higher payments
• The total “tax savings” that used to benefit divorcing couples is no longer available
• The change may affect how much alimony a judge awards
• It might influence how you structure your overall divorce settlement

Because of these tax implications, it’s important to work with both a knowledgeable family law attorney and a tax professional who can help you understand how alimony will affect your overall financial picture after divorce.

5. “What happens to my alimony if I lose my job or my financial situation changes?”

Life changes after divorce are common, and North Carolina law recognizes that alimony may need to be adjusted when significant changes occur. If you’re paying alimony and lose your job or experience a substantial decrease in income, you may be able to request a modification of your alimony obligation.

Similarly, if you’re receiving alimony and your ex-spouse suffers financial hardship, they might seek to reduce their payments.

To modify an existing alimony order in North Carolina, you must show:

• A substantial change in circumstances that affects either the payor’s ability to pay or the recipient’s need for support
• That this change was not contemplated when the original order was established

Examples of changes that might justify modification include:

• Involuntary job loss or significant reduction in income
• Serious illness or disability affecting earning capacity
• Retirement (if at appropriate retirement age)
• Significant increase in the recipient’s income
• Substantial unexpected change in either party’s expenses

Important steps if you need to modify alimony:

1. Continue making payments as ordered until a court modifies your obligation
2. Document the change in circumstances thoroughly
3. File a motion to modify with the court that issued your original order
4. Consider negotiating with your ex-spouse before litigation

Remember that alimony modifications are not automatic—you must request them through proper legal channels. Working with an attorney experienced in post-divorce modifications can help protect your interests during this process.

6. “I’m not currently working. Should I get a job, or will that hurt my chances of receiving alimony?”

This is a nuanced question that many dependent spouses struggle with during divorce. The answer depends on your specific circumstances, but here are some important considerations:

North Carolina law expects adults to be self-supporting when possible. Courts consider each spouse’s “earning capacity”—not just current income but the ability to earn income based on factors like education, skills, work history, and local job opportunities.

If you’re not working but are able to work, the court might “impute” income to you—meaning they’ll calculate alimony as if you were earning what they believe you could reasonably earn. This is especially true if you appear to be voluntarily unemployed to increase alimony.

That said, several factors might justify your unemployment or underemployment:

• If you’ve been out of the workforce for many years to raise children
• If you lack education or skills for well-paying jobs
• If you’re near retirement age
• If you have health issues limiting your ability to work
• If you’re currently in school or training to improve earning capacity

In many cases, getting a job during divorce proceedings demonstrates good faith and can actually strengthen your overall position, even if it somewhat reduces the amount of alimony. Courts often look favorably on spouses who are making efforts toward self-sufficiency.

The best approach is usually to:

1. Be realistic about your earning capacity and financial needs
2. Take reasonable steps toward appropriate employment
3. Document any barriers to full employment
4. Work with your attorney to present an accurate picture of your situation

Remember some courts award alimony specifically to help dependent spouses become self-supporting, so having a plan for increasing your earning capacity can be part of your alimony strategy.

7. “Does adultery or other marital misconduct affect alimony in North Carolina?”

Yes, marital misconduct can significantly impact alimony in North Carolina, unlike in many other states. North Carolina law specifically lists marital misconduct as a factor courts must consider when making alimony decisions.

Forms of marital misconduct that can affect alimony include:

• Adultery (extramarital sexual relations)
• Abandonment
• Cruel treatment that endangers life
• Excessive use of alcohol or drugs
• Financial misconduct (reckless spending or destruction of assets)
• Other behavior that makes living together intolerable

The impact of misconduct on alimony varies depending on who committed it:

• If you’re seeking alimony and committed adultery before separation, the court must deny your alimony claim (with limited exceptions)
• If your spouse committed adultery and you didn’t, this strongly favors an alimony award
• If both spouses committed adultery, the judge weighs all circumstances to determine a fair outcome
• Other forms of misconduct (besides adultery) can influence the amount and duration of alimony

Evidence of misconduct needs to be properly documented and presented in court. This might include:

• Text messages, emails, or social media communications
• Phone records
• Bank or credit card statements showing suspicious expenditures
• Witness testimony
• Private investigator reports (in some cases)

Because marital misconduct can so dramatically affect alimony outcomes in North Carolina, it’s particularly important to work with an experienced family law attorney if misconduct is an issue in your case. Your attorney can help you gather appropriate evidence and present it effectively to the court.

8. “Can my spouse and I agree on alimony without going to court in North Carolina?”

Absolutely. In fact, many couples in North Carolina resolve alimony issues through agreement rather than leaving the decision to a judge. This approach gives you both more control over the outcome and often saves significant time, money, and emotional stress.

There are several ways to reach an alimony agreement:

• Direct negotiation between your attorneys
• Mediation (where a neutral third party helps facilitate agreement)
• Collaborative divorce (where you both commit to resolving issues without court)

When creating an alimony agreement, you have flexibility to be creative with solutions that make sense for your specific situation. For example:

• You might agree to higher alimony for a shorter duration
• You might exchange other assets to reduce or eliminate alimony
• You might include specific events that would trigger modification or termination
• You might build in cost-of-living increases to avoid future conflicts

Your agreement should be formalized in a document called a Separation Agreement and Property Settlement. Once properly executed, this agreement becomes a binding contract. While you can create such an agreement without court approval in North Carolina, it’s often wise to have it incorporated into your divorce decree to provide additional enforcement options.

Even when negotiating amicably, it’s important for each spouse to have independent legal counsel to ensure the agreement is fair and addresses all necessary details. Your attorney can help identify issues you might not have considered and ensure the agreement is properly drafted to avoid future problems.

9. “How can I protect myself financially regarding alimony during divorce?”

Protecting your financial interests during divorce—whether you expect to pay or receive alimony—requires proactive planning and attention to detail. Here are some steps to consider:

If you might receive alimony:

• Gather complete documentation of your marital standard of living
• Create a realistic post-divorce budget to demonstrate your actual needs
• Obtain records of your spouse’s income and financial resources
• Document any sacrifices you made for the marriage (career postponement, etc.)
• Consider your realistic earning potential and timeline for becoming self-supporting
• Be prepared to demonstrate any health issues affecting your earning capacity

If you might pay alimony:

• Ensure all sources of income are properly documented and categorized
• Create an accurate post-divorce budget showing your financial needs
• Document any special circumstances affecting your ability to pay
• Consider tax implications of various settlement options
• Be prepared to show reasonable retirement planning needs

For everyone:

• Be completely transparent about your finances—hiding assets can severely backfire
• Consider how alimony interacts with property division in your overall settlement
• Understand how health insurance will be handled after divorce
• Consider life insurance requirements to secure alimony payments
• Evaluate whether lump-sum payment might be preferable to monthly payments
• Include clear terms for when and how alimony might be modified or terminated

Working with an experienced family law attorney is crucial to protecting your interests. Additionally, consulting with a financial advisor who specializes in divorce can help you understand the long-term implications of various alimony scenarios and make informed decisions during negotiations or litigation.

10. “What documentation do I need to prepare for my alimony case in North Carolina?”

Being well-prepared with proper documentation can significantly strengthen your position in alimony negotiations or court proceedings. Here’s what you should gather:

Financial documentation (ideally for the past 3-5 years):

• Tax returns (individual and business if applicable)
• W-2s, 1099s, and other income statements
• Pay stubs showing income, bonuses, and deductions
• Bank statements for all accounts
• Retirement account statements
• Investment account statements
• Credit card statements
• Loan documents and statements
• Business financial records (if either spouse owns a business)
• Documentation of any other income sources

Expense documentation:

• Household bills (utilities, mortgage/rent, insurance, etc.)
• Regular monthly expenses (food, transportation, etc.)
• Children’s expenses (education, childcare, activities, etc.)
• Medical expenses not covered by insurance
• Evidence of your marital standard of living (travel, dining, entertainment)
• Your realistic post-divorce budget

Additional helpful documentation:

• Employment history and resume
• Education and training certifications
• Medical records (if health impacts your earning capacity)
• Evidence of contributions to spouse’s career or education
• Documentation of marital misconduct (if relevant)
• Evidence of job

If you still have questions, contact us or call us at 919-787-6668. We have staff standing by that can schedule you to speak to an attorney or provide you with whatever resources you need.