During separation or divorce, financial stability is often a major concern—especially if one spouse has been financially dependent during the marriage. In North Carolina, alimony is a form of financial support that may be awarded from one spouse to the other.
Whether or not alimony is granted depends on factors defined by state law. Not every divorcing spouse will qualify, and the court considers each party’s financial situation, contributions to the marriage, and—in some cases—marital behavior.
Read on to understand the key aspects of alimony in North Carolina, including what qualifies a spouse for alimony, how alimony works, how it is calculated, and how to pursue it if you believe you may be eligible.
What Qualifies a Spouse for Alimony?
Under North Carolina law, alimony may be awarded when one spouse is considered dependent and the other supporting.
A dependent spouse is financially reliant on the other to maintain the standard of living established during the marriage. A supporting spouse has the means to provide that support.
To qualify, the dependent spouse must demonstrate financial need and that the supporting spouse has the ability to pay support. This often applies when one spouse has stayed home to care for children, earned significantly less income, or sacrificed career opportunities to support the household.
Marital misconduct—such as infidelity or abandonment—can also influence alimony decisions, though it is not required for support to be awarded. Infidelity on the part of the dependent spouse can prevent them from receiving support.
Courts also consider the length of the marriage and the couple’s standard of living. Longer marriages with greater income disparity typically strengthen the case for alimony.
It’s important to note that alimony is not automatic. Judges evaluate each case individually, and either spouse—regardless of gender—can be ordered to pay or receive support.
How Does Alimony Work in North Carolina?
In North Carolina, spousal support and/or alimony must be requested—it is not granted automatically. A claim is typically filed alongside divorce proceedings but may also be submitted separately. The court reviews the request and determines whether support is appropriate based on the circumstances.
There are two main types of spousal support:
- Post-separation support: Temporary financial assistance provided between separation and the final divorce.
- Alimony: Longer-term support awarded after the divorce is finalized, either for a set duration or, in rare cases, indefinitely.
A judge considers various factors, including financial need, income and earning potential, standard of living during the marriage, and marital misconduct. Misconduct like infidelity or abandonment may influence the judge’s decision and the amount awarded.
Alimony can later be modified or terminated if circumstances change significantly—such as remarriage, cohabitation, or a notable shift in income.
How Is Alimony Calculated?
Unlike child support, North Carolina does not use a set formula to calculate alimony. Instead, judges have discretion to decide what is fair and reasonable based on the facts of each case.
Key factors include:
- Length of the marriage – Longer marriages may lead to longer or more substantial awards.
- Earning capacity and income – Courts consider current income as well as earning potential, education, and employment history.
- Age and health – Physical or mental conditions that impact employability or financial independence are important.
- Standard of living – Judges strive to maintain a similar lifestyle for the dependent spouse.
- Contributions to the marriage – Non-financial contributions, such as homemaking or supporting a spouse’s career or education, are considered.
- Educational needs – If additional training is required for the dependent spouse to become self-sufficient, this may affect the award.
Alimony can be structured as periodic payments (monthly or quarterly) or a lump-sum payment. The goal is to ensure a fair outcome based on both parties’ needs and financial abilities.
How to Get Alimony in North Carolina
If you believe you qualify for alimony, the first step is to file a claim with the court. This is often done as part of divorce or legal separation proceedings. It’s crucial to file before the divorce is finalized; otherwise, you will lose the right to seek support.
Next, gather documentation that supports your financial situation—such as tax returns, income records, and details about your lifestyle and expenses during the marriage.
Although not required, hiring an attorney is highly recommended, especially in cases involving complex finances or marital misconduct. A family law attorney can help build your case, negotiate, and represent you in court or mediation.
In some cases, spouses may reach an agreement outside of court through a separation agreement or mediated settlement. These agreements can be legally binding and often provide more flexibility than a court-imposed order.
Because alimony decisions are highly case-specific, it’s wise to consult with a qualified family law attorney to understand your options and protect your rights.
How to Know if You’ll Qualify for Alimony
Alimony in North Carolina is intended to support a financially dependent spouse after separation or divorce. Eligibility and awards are based on various factors, including financial need, marital contributions, and—sometimes—marital misconduct. Unlike child support, there’s no set formula, and every case is judged individually.
If you’re considering seeking alimony, having the right legal guidance can make a significant difference. An experienced family law attorney can help you navigate the process and advocate for a fair outcome. Whatever your circumstances, you don’t have to go through it alone—choose the support and legal guidance of an experienced attorney.
Let New Direction Family Law Assist You
If you are searching for guidance with alimony or another family law matter, the team at New Direction Family Law is available today to help. With over 80 years of combined experience, our attorneys at New Direction Family Law are here to guide you through divorce, answer your questions, and provide the direction you need.
At New Direction Family Law, we help clients across Wake, Durham, Johnston, and surrounding counties navigate divorce with professionalism, trust, and experience. Reach out today to schedule a consultation by calling 919-719-3470.
