Core Practice Areas

An alimony award “may be modified or vacated at any time, upon motion in the cause and a showing of changed circumstances by either party.”  North Carolina General Statute § 50-16.9. Examples of scenarios that constitute changed circumstances include job loss, disability or illness, obtaining a higher paying job or any other factor that significantly…

In North Carolina, adultery affects the award of alimony differently depending on whether the adultery is committed by the supporting spouse or by the dependent spouse.  If the dependent spouse committed adultery during the marriage and before the date of separation, then the court is prohibited from awarding alimony to the dependent spouse unless the…

Alimony terminates at the earlier of (i) the date set by the court for termination, if any; (ii) the death of either party; or (iii) the remarriage or cohabitation of the dependent spouse. However, regardless of how long the court orders alimony to be paid, even if alimony is ordered on a permanent basis with…

Alimony can be awarded on a periodic basis, which is typically monthly, or in one or more lump sum payments.  It can either be awarded for a specific period of time or can be awarded on a permanent basis (indefinitely).  The specifics of an alimony award will depend on the facts of the case and…

At a hearing, both parties present evidence regarding his/her respective gross and net incomes, his/her current reasonable living expenses, information regarding his/her marital standard of living in the years before separation, and other relevant factors.  The dependent spouse will introduce evidence to determine the difference between his/her reasonable monthly needs compared to his/her net monthly…

Here, we give you factors affecting the amount and duration of alimony. If a court determines that there is a dependent spouse and a supporting spouse, the court can order an alimony award, so long as the award is equitable, after considering the relevant factors of the case.  Although a court has wide discretion in…

Court-ordered alimony is only available from a “supporting spouse” to a “dependent spouse,” meaning only a dependent spouse may receive alimony.  North Carolina law defines a dependent spouse as “a husband or wife, who is actually substantially dependent upon the other spouse for his or her maintenance and support or is substantially in need of…

Alimony is defined under North Carolina law as “an order for payment for the support and maintenance of a spouse or former spouse, periodically or in a lump sum, for a specified or for an indefinite term, ordered in an action for divorce, whether absolute or from bed and board, or in an action for…

Pursuant to statute, post-separation support terminates at the earlier of (i) the date set by the court for termination, if any;   (ii) the date of death of either party;   (iii) the occurrence of the remarriage or cohabitation of the dependent spouse;   (iv) or the date on which alimony is allowed or denied.