{"id":375376,"date":"2018-04-26T16:34:33","date_gmt":"2018-04-26T21:34:33","guid":{"rendered":"https:\/\/ability-fl-prod.internetbrands.com\/ability-law\/state\/north-carolina-law\/north-carolina-alimony-laws.html"},"modified":"2024-06-27T14:20:13","modified_gmt":"2024-06-27T19:20:13","slug":"north-carolina-alimony-laws","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/state\/north-carolina-law\/north-carolina-alimony-laws.html","title":{"rendered":"North Carolina Alimony Laws"},"content":{"rendered":"\n
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North Carolina Alimony Laws<\/h1>\n
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\n By Susan Buckner, J.D.<\/a> | Legally reviewed by Susan Buckner, J.D.<\/a>\n | Last updated\n
\n \n <\/i>\n Legally Reviewed\n <\/summary>\n\n
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This article has been written and reviewed for legal accuracy, clarity, and style by FindLaw\u2019s team of legal writers and attorneys<\/a> and in accordance with our editorial standards<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n\n

\n \n <\/i>\n Fact-Checked\n <\/summary>\n\n
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The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n

Alimony, sometimes called spousal support, is a payment made by a higher-earning spouse to a lower-earning spouse following a divorce or legal separation. In North Carolina, spouses must request alimony. It\u2019s not guaranteed to either party. Courts base alimony awards on the spouses’ financial needs and ability to pay.<\/p>\r\n

Under North Carolina law, either spouse can request alimony<\/a>. Same-sex couples may ask for alimony orders, but domestic partners and those in common-law marriages cannot.<\/p>\r\n

North Carolina is an equitable division state. After courts divide the marital property, a spouse is designated as a supporting spouse<\/b> or dependent spouse<\/b> before awarding alimony payments.<\/p>\r\n

Note:<\/b><\/i> State laws are subject to change through the passage of new legislation, court rulings (including federal decisions), ballot initiatives, and other means. FindLaw strives to provide the most current information available. You should consult an attorney or conduct your own legal research to verify the state law(s) before making any legal decisions.<\/i><\/p>\r\n

North Carolina Alimony Laws<\/b><\/h2>\r\n

In times past, alimony laws presumed that one spouse was the "breadwinner\u201d and one spouse was the "homemaker" in a marriage. Following a divorce, the homemaker could not provide for their lifestyle without contributions from the breadwinner. Today, in dual-income households, spouses are likely to be at parity following a divorce or separation.<\/p>\r\n

North Carolina’s spousal support statutes<\/a> contain a list of relevant factors judges must consider when making a court order for alimony. If the parties have their own alimony agreement, there\u2019s no need for a finding of dependency.<\/p>\r\n

Eligibility<\/b><\/h3>\r\n

After the marital property division, the judge must determine if one spouse depends on the other for financial support. The judge must find:<\/p>\r\n