Hands holding a mint green calculator displaying the word "ALIMONY" on a blue wooden surface.

Understanding Alimony in Greensboro Divorces

In North Carolina, a spouse who relies on the other for money can ask for spousal support. Either spouse may qualify for alimony if they cannot pay their basic living expenses on their own or cannot maintain the lifestyle they had during the marriage without the other spouse’s income or property.

North Carolina law says a “dependent spouse” is a husband or wife who relies heavily on the other spouse for financial support, or who clearly needs financial help from the other spouse to get by. If you have questions regarding alimony or any other post-separation financial support, talk to a trusted Greensboro divorce lawyer today. 

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Types of Post-Separation Financial Support

Post-separation financial support is referred to in one of two ways:

  • Alimony is a long-lasting form of support, but it usually doesn’t last as long as it did in the past. Like post-separation support, spouses can agree on alimony on their own, set any terms they want, or decide not to have alimony at all. If they can’t agree, a family court judge will decide whether alimony should be paid and how much.
  • Post-separation support, formerly called temporary alimony, is money paid to a dependent spouse for a short period of time. It lasts until a judge decides whether alimony will be granted or until a date already set in a previous order. This type of support is temporary, and unless a court order says otherwise, the spouses can choose to make their own agreement about it.

Eligibility for Alimony and Post-Separation Support 

North Carolina does not use set guidelines to decide post-separation support or alimony. Instead, judges look at the couple’s overall situation and consider all relevant factors, including:

  • How much each spouse earns now and could earn in the future
  • The length of the marriage
  • Each spouse’s age and overall health
  • All income sources, including retirement accounts and investments
  • The standard of living the couple had during the marriage
  • Each spouse’s education level and how long it may take the dependent spouse to get training or a job
  • The assets and debts each spouse has, including any other support obligations
  • The financial impact on the spouse who will have custody of the children
  • Whether one spouse helped pay for the other’s schooling or career
  • What property each spouse brought into the marriage
  • The work and contributions of a stay-at-home spouse
  • Any marital misconduct by either spouse
  • Each spouse’s financial needs
  • The tax effects of any alimony award

Additional Considerations

Hand of adult female gives ring to her ex husband
  • Terms of Alimony: Alimony may be paid all at once or in regular payments for a set amount of time or with no end date. However, it stops if either spouse dies or if the receiving spouse remarries or lives with another adult. If a judge awards alimony, the dependent spouse may also be able to have their attorney’s fees paid.
  • Illicit Sexual Behavior Affects Alimony: In North Carolina, a judge will not award alimony if the dependent spouse had sexual relations with someone else during the marriage or on the day the couple separated, even if that spouse needs the money. But if the supporting spouse is the one who cheated, the judge must award alimony. State law defines “illicit sexual behavior” as voluntarily having sexual intercourse or similar sexual acts with anyone who is not your spouse.
  • Tax Matters: Alimony payments can be deducted on the supporting spouse’s taxes, and the spouse receiving alimony must report it as income. This only applies if the payments are made in cash, are part of a divorce or separation agreement, and the spouses are not living in the same home.
  • Modification of Alimony: Alimony that is paid regularly can be modified if a big change takes place, like one spouse losing a job, getting a better job, or anything else that considerably impacts their economic situation. If alimony is ordered before the couple divides their property, either spouse may entreaty the court to review their alimony again after the property has been divided. This is particularly significant when a house is going to be sold or when investments may create income or losses.

Talk to a Greensboro Divorce Lawyer

Knowing how spousal support works can help you protect your rights and make good choices about your future. Every marriage and money situation is different, so it’s important to get clear legal advice before deciding anything.

If you need help with alimony or any part of your divorce, call the Law Office of Stephen E. Robertson, PLLC at (336) 370-6760 or fill out the online contact form to talk with a Greensboro divorce lawyer and get simple, honest guidance.