Alimony Duration In North Carolina: How Long Will You Pay or Receive?

Also called “spousal support” or “maintenance,” alimony is the payment of money from one spouse to another after a separation or divorce. Alimony is intended to help the spouse who earns no money, or less money than the other spouse, maintain a similar standard of living to what they had during the marriage. 

Unlike with child support, there is no formula in North Carolina for determining the amount and duration of alimony. Unfortunately, this lack of clarity in the law frequently results in alimony becoming a contested issue in divorces. Both the amount and duration of alimony are determined on a case-by-case basis and vary depending on your circumstances. This article will focus on duration, i.e., how long alimony is paid or received. 

The Basics of Alimony In North Carolina:

In North Carolina, there are two forms of spousal support, each serving a different purpose and applying to various stages of the divorce process. The duration of these two types will differ. Moreover, because one spouse earns more money than the other, the less-earning spouse is not automatically entitled to either kind of spousal support.    

TYPES OF SPOUSAL SUPPORT

The two types of spousal support in North Carolina are post-separation support (“PSS”) and alimony. 

PSS is temporary financial assistance provided by one spouse to the other in the period immediately following separation, typically (but not always) before the finalization of a divorce. Its purpose is to help the dependent spouse subsist during the separation period until the parties resolve alimony, which is the second type of spousal support. 

Alimony is a longer-term form of financial support. It can be paid periodically (e.g., monthly) or in a lump sum, and its amount and duration are determined at the court’s discretion based on various factors such as the length of the marriage, the standard of living during the marriage, and the financial needs and abilities of both spouses.

WHO QUALIFIES FOR SPOUSAL SUPPORT?

In North Carolina, only a “dependent spouse” is entitled to post-separation support and alimony.  A dependent spouse is someone who is either “actually substantially dependent upon the other spouse for his or her maintenance and support” or “substantially in need of maintenance and support from the other spouse.” This means that in order to qualify as a dependent spouse, you are or will be unable to meet your reasonable needs on your own, without support from the other spouse.  

How Long Does Spousal Support Last?

The duration of PSS is intended to be a short period of time following the separation, and typically lasts until alimony is either awarded or denied. PSS will terminate upon the entry of divorce if there is no alimony claim pending at that time. If you think that you may be entitled to alimony, it is extremely important to file an alimony claim before the divorce is entered.  While PSS is intended to only last for a short period of time, if a PSS order does not provide a specific duration, it could last indefinitely so long as the alimony claim remains pending and unadjudicated.

There is no official formula for the duration of alimony in North Carolina; rather, it is determined at the court’s discretion and case by case based on various factors. That said, as an informal rule of thumb, alimony is typically awarded for half the length of the marriage. 

Under some rare circumstances, alimony may be awarded indefinitely. This may happen when the dependent spouse is very old or disabled and is unlikely to be able to become self-supporting.  Permanent alimony may also be awarded in cases of long marriages (usually 20 years or more) where the dependent spouse has sacrificed his or her earning capacity and long-term career prospects for the benefit of the marriage, such as by staying home and raising the kids. 

Factors That Impact Alimony Duration

While there is no specific formula for alimony in North Carolina, the law prescribes a list of factors that courts consider in determining the amount and duration of alimony, including but not limited to the following:

• Martial misconduct, which includes adultery (which, if committed by the dependent spouse, is an absolute bar to alimony) as well as other types of misconduct such as abuse and excessive alcohol or drug use.   
• Income and earning ability of both spouses
• Age and physical and mental health of both spouses
• Length of the marriage (as discussed above)
• Contributions by one spouse to the education, training, or increased earning power of the other spouse
• Standard of living of the spouses established during the marriage
• The relative education of the spouses and time necessary for the dependent spouse to acquire sufficient education or training to find employment

When Does Alimony End In North Carolina?

In most cases, alimony will end upon completion of the payments for the duration set forth in your contract or court order. In some cases, however, alimony may be terminated prior to that term.  Courts recognize that the financial and personal situations of both spouses may shift over time, which can impact the fairness or necessity of continued support. Alimony may be terminated upon the occurrence of the following:

• The dependent spouse remarries.
• The dependent spouse cohabitates with another person in a marriage-like relationship (assuming marital rights, duties, and obligations).
• The death of the supporting or dependent spouse.