NC Alimony Statute
North Carolina’s alimony statute (G.S. § 50-16.3A) outlines how spousal support is determined and awarded in divorce cases. In general, either spouse can file a motion to request alimony.
From there, the court will decide which person is the “dependant” spouse and which is the “supporting” spouse, depending on factors like income and employment status. The court will then determine an equitable alimony award based on other various factors, like marital misconduct, earning power, and more.
Types of Spousal Support
In a North Carolina divorce, there are many different types of spousal support one spouse may need to pay the other. Below are some of the most common forms of spousal support individuals may be awarded in North Carolina.
Temporary Spousal Support
Temporary spousal support, also known as post-separation support, is typically awarded during the divorce process to provide immediate financial assistance to the dependent spouse during this period. This type of support often helps cover essential expenses such as housing, utilities, and daily living costs until a final decision on alimony is made. The rules for post-separation spousal support are outlined in North Carolina G.S. § 50‑16.2A.
Permanent Spousal Support
As the name suggests, permanent spousal support or “alimony” is awarded on a long-term or indefinite basis, often in situations where one spouse may not be able to become financially self-sufficient due to factors such as age, health, or lack of employable skills. This form of support aims to maintain a certain standard of living established during the marriage and continues until specific conditions are met, such as remarriage or the death of either spouse.
How is Spousal Support Calculated in North Carolina?
In North Carolina, spousal support is calculated based on various factors, all of which are outlined in the state’s alimony statute. Some of these factors include:
- Length of the marriage
- Income and earning capacity of both parties
- Individual contributions made to the marriage
- Age, health, and education of both parties
- Standard of living established during the marriage
- Financial needs and obligations of both parties
The court uses these unique circumstances to determine an equitable spousal support plan, including details like the amount, duration, and manner of payment of alimony.
Common Spousal Support Disputes and Resolutions
Speaking of which, some of the most common spousal support disputes are over issues like the amount, duration, and manner of payment of alimony. Disputes may arise when spouses disagree on the financial needs of the dependent spouse, the supporting spouse’s ability to pay, or the appropriate length of time for spousal support.
Additionally, changes in financial circumstances, like significant increases or decreases in either spouse’s income or financial needs post-divorce, could cause disputes. Most of these disputes are settled in negotiations between parties and their lawyers, where both parties work to establish a spousal support agreement that is mutually agreeable.
Mediation or collaborative divorce processes may also be utilized to facilitate discussions and find common ground. If these methods fail, the dispute may be brought to court, where a judge will decide on a spousal support plan based on the evidence presented and relevant legal factors outlined in the North Carolina alimony statute.
NC Spousal Support Modification and Termination
In North Carolina, alimony may be modified or terminated based on a significant change in circumstances since the original alimony order was issued. Examples include a substantial increase or decrease in either spouse’s income, remarriage of the dependent spouse, or the attainment of financial independence by the dependent spouse.
To modify or terminate alimony, the party seeking the change must file a motion with the court and provide evidence supporting their request for modification or termination. The court will then consider the circumstances and may adjust the alimony award accordingly.
Why Choose The Wilkie Law Group for Spousal Support Representation?
At The Wilkie Law Group, our Jacksonville divorce attorneys are dedicated to providing quality representation to our clients as they go through their divorce proceedings. If you are going through a divorce and are looking to request spousal support or negotiate a favorable alimony award, our experienced divorce attorneys are here to help.
Led by Attorney Aden Wilkie, our team has a long history of handling both civilian and military family law matters, including civilian and military spousal support cases. Whether you’re seeking financial support from your former spouse or you’re looking to avoid paying alimony, we can help ensure that you receive the best possible outcome based on the unique circumstances of your case.
Call the Jacksonville Family Law Attorneys at The Wilkie Law Group Today to Set Up Your Initial Consultation
Spousal support disputes can be complicated and, like all aspects of the divorce process, can be very emotionally charged. If you are in the process of getting a divorce and are dealing with spousal support, you need legal counsel from the experienced Jacksonville, North Carolina divorce attorneys at The Wilkie Law Group.
No matter your circumstances, our experienced team is here to provide you with knowledgeable guidance and support throughout your divorce, all in a compassionate and professional manner. Whether you are seeking spousal support or facing a dispute regarding alimony payments, we are here committed to advocating for your best interests and work towards a favorable resolution.
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At The Wilkie Law Group, we are proud to provide counsel to members of our armed forces in Onslow County and beyond, offering legal support in both military criminal defense and military family law matters. We also serve civilian families in a variety of other practice areas, including civilian child support, child custody, divorce, and other family law matters.
Ready to get started? Contact our law firm at (910) 548-7846 or fill out our online form today to schedule a consultation with a divorce attorney on our team.
