North Carolina Alimony / Spousal Support

North Carolina alimony, also referred to as spousal support is the amount of money one spouse pays to the other, by court order or through agreement of the parties, for support and maintenance.

The amount and duration of alimony in North Carolina is based on all relevant factors including "marital misconduct. When there is a claim for alimony, either spouse may request a jury trial to decide on the issue of marital misconduct. If a jury trial is requested, the jury will decide whether either spouse or both have established marital misconduct.

What Constitutes Marital Misconduct for Alimony Awarded in North Carolina

According to North Carolina Statute 50-16.1A, support and maintenance of a spouse or former spouse can be periodic or a lump sum. It can be for a specified or for an indefinite term.

The court shall exercise its discretion in determining the amount, duration, and manner of payment of alimony. The duration of the award may be for a specified or for an indefinite term.

In determining the amount, duration, and manner of payment of alimony, the court shall consider all relevant factors, including:

Modification of Alimony in North Carolina

In North Carolina alimony can be modified by filing a motion in the cause. Modification is based upon showing a significant change in circumstances.

Termination of North Carolina Spousal Support

According to North Carolina statute 50 16.9. Modification of order. (b.) Any motion to modify or terminate alimony or postseparation support based on a resumption of marital relations between parties who remain married to each other shall be determined pursuant to G.S. 52 10.2. If a dependent spouse who is receiving postseparation support or alimony from a supporting spouse under a judgment or order of a court of this State remarries or engages in cohabitation, the postseparation support or alimony shall terminate. Postseparation support or alimony shall terminate upon the death of either the supporting or the dependent spouse.
As used in this subsection, cohabitation means the act of two adults dwelling together continuously and habitually in a private heterosexual relationship, even if this relationship is not solemnized by marriage, or a private homosexual relationship. Cohabitation is evidenced by the voluntary mutual assumption of those marital rights, duties, and obligations which are usually manifested by married people, and which include, but are not necessarily dependent on, sexual relations

North Carolina statutes regarding alimony can be found here: North Carolina statutes

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