Effectively Guiding You through Your Divorce
Divorce is never just a legal process. It affects your finances, your emotions, and the stability of your daily life. When a marriage ends, many individuals suddenly find themselves unsure of how they will cover basic living expenses, maintain their standard of living, or rebuild their financial future. Others worry about whether they will be required to support a former spouse and how much they may be expected to pay.
Learn how we can help with divorce
Alimony, known as spousal support in North Carolina, is one of the most misunderstood areas of family law. Yet for many families in Greensboro and Durham, alimony is one of the most important aspects of a divorce case. It helps dependent spouses transition toward financial independence and ensures fairness when one spouse has significantly greater resources or earning capacity than the other.
At the Law Office of Stephen E. Robertson, PLLC, our alimony attorneys understand how stressful these questions can be. With more than twenty years of experience helping families through divorce, we provide compassionate guidance and clear direction during one of the most challenging times in your life. Our goal is simple: to protect your financial stability and help you secure a fair outcome based on North Carolina law.
Whether you believe you should receive alimony or you have concerns about paying it, our team is here to help you understand your rights and move forward with confidence.
What Is Alimony in North Carolina?
Alimony refers to ongoing financial support that one spouse provides to the other after the marriage has ended. The amount and duration of alimony vary widely depending on the circumstances of the case. Unlike child support, which is calculated using a formula, alimony awards in North Carolina rely on a judge’s careful evaluation of many factors.
A dependent spouse is someone who relied on the other financially during the marriage. The supporting spouse is the one with the ability to provide support.
Alimony is intended to provide the dependent spouse with the financial resources needed to maintain stability during and after the divorce process.
It is important to understand that North Carolina recognizes multiple forms of spousal support. Each one serves a specific purpose and applies during different stages of the separation and divorce process.
The Types of Alimony in Greensboro and Durham
North Carolina family law includes two main types of alimony or spousal support. Understanding the difference helps you prepare for what to expect during your divorce.
Post-Separation Support
Post-separation support is temporary financial assistance provided from one spouse to the other after separation but before the divorce is finalized. It is designed to help the dependent spouse meet immediate financial needs during the transition.
Post-separation support ends automatically once the final divorce judgment is entered or once a permanent alimony award is issued.
Permanent or Long-Term Alimony
Permanent alimony is an ongoing payment arrangement that begins after the divorce is finalized. Despite the name, permanent alimony is not always indefinite. It may last for a set number of years or until a specific event occurs. In some cases, however, alimony may indeed be awarded on an indefinite basis, depending on the duration of the marriage and the financial disparity between the spouses.
Alimony can be paid in two ways:
- Periodic payments made monthly
- A single lump sum payment
Some individuals prefer periodic payments because they provide predictable monthly support, while others prefer lump sum payments to avoid continued financial connection with a former spouse. Each option has advantages, and our attorneys can advise you on which structure best fits your circumstances.
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How Courts Determine Alimony in North Carolina
Unlike child support, which is guided by set formulas, alimony decisions depend heavily on judicial discretion. A judge will evaluate the financial and personal history of the marriage to decide whether alimony should be awarded, how much should be paid, and how long it should last.
Key Factors Considered in Alimony Cases
North Carolina courts review a wide range of factors, including:
- Length of the marriage
- Ages and health of each spouse
- Income and earning potential
- Standard of living during the marriage
- Education levels and whether one spouse needs additional training
- Contributions made to the household, including homemaking and childcare
- Whether one spouse helped the other obtain education or career advancement
- Marital misconduct, including infidelity or abuse
- Physical and emotional condition of both spouses
- Property owned by each spouse
- Financial needs and liabilities of both parties
Each case is unique. Two couples married for the same number of years can receive very different alimony outcomes if their financial circumstances are different. This is why experienced legal representation is so important. Our attorneys gather detailed documentation, build strong arguments, and present your situation clearly to the court to ensure a fair result.
The Role of Marital Misconduct in Alimony Cases
One element that makes North Carolina unique is how it treats marital misconduct. This includes actions such as adultery, abandonment, cruel treatment, substance abuse, financial waste of marital assets, and other harmful behaviors during the marriage.
Marital misconduct can significantly influence whether alimony is granted and how much is awarded. For example:
- If the dependent spouse committed adultery, they may be barred from receiving alimony.
- If the supporting spouse committed adultery, the court may require them to pay alimony.
Not all forms of misconduct carry the same weight, and proving misconduct requires credible evidence. Our attorneys carefully evaluate whether misconduct plays a role in your case and how it may impact the final outcome.
How Long Does Alimony Last?
There is no fixed formula for determining the duration of alimony. Some awards last only a few months, while others last many years or indefinitely. A judge considers several factors, such as:
- Length of the marriage
- Age and health of both spouses
- How long it will take for the dependent spouse to become self sufficient
- Whether the dependent spouse has been out of the workforce for an extended time
- Financial circumstances of the supporting spouse
When Alimony Ends Automatically
Alimony ends immediately when:
- Either spouse passes away
- The dependent spouse remarries
- The dependent spouse begins cohabitating with another romantic partner
Courts take cohabitation seriously and may terminate support if the dependent spouse is living with someone in a long term relationship that resembles a marriage.
Can Alimony Be Modified?
Yes. Alimony can be increased, decreased, or terminated if there is a substantial change in circumstances. For example:
- A significant increase or decrease in income
- Job loss or disability
- A change in health or medical needs
- Remarriage or cohabitation
- Financial hardship
Our attorneys help clients file modification requests, challenge unfair requests from the other spouse, and ensure that any changes reflect your current needs and circumstances.
How Our Greensboro and Durham Alimony Attorneys Can Help You
Alimony cases involve sensitive information, financial analysis, and often emotionally charged circumstances. Our attorneys provide steady guidance and strategic representation that focuses on what matters most: protecting your financial future and securing a fair and reasonable outcome.
What You Can Expect From Our Firm
Clear communication: We explain every step of the process and help you understand your options.
Experienced guidance: With more than twenty years of family law experience, our firm has handled complex alimony cases of every type.
Compassionate support: Divorce is emotional and stressful. We offer the support, patience, and perspective you need.
Strong advocacy: Whether negotiating or litigating in court, we work to secure the best possible outcome for you.
Board certified leadership: Stephen E. Robertson is a Board Certified Specialist in Family Law, a distinction earned by fewer than five percent of attorneys in North Carolina.
Frequently Asked Questions About Alimony in North Carolina
Post-separation support is temporary financial support during the separation process. Alimony is long term support awarded after the divorce is finalized.
Yes. Longer marriages often lead to longer or larger alimony awards, especially when one spouse has been financially dependent for many years.
Yes. Couples can decide to waive or limit alimony in a valid separation agreement. However, the agreement must be voluntary and fair.
Federal tax laws changed in 2019. Alimony is no longer deductible for the paying spouse and is not taxable income for the receiving spouse for agreements executed after January 1, 2019.
Misconduct matters when it directly impacts the financial status of the marriage or when it involves infidelity. Courts review the type and severity of the misconduct before making decisions.
Yes. If circumstances change significantly for either spouse, a modification request may be filed.
Yes. If the dependent spouse begins living with a new romantic partner in a long term relationship, alimony typically terminates.
You can file a motion for enforcement. Remedies may include wage withholding, fines, or contempt proceedings.
Why Hire Us?
- Results You Can Count On
- Compassionate Counsel
- Over 20 Years of Experience
- Stephen E. Robertson is a Board Certified Attorney