How does alimony work in North Carolina?

North Carolina alimony is governed by N.C. Gen. Stat. Chapter 50 and is one of the few states where adultery has a strict statutory effect.

1. Two Phases

Post-separation support (PSS) under § 50-16.2A — temporary support paid from separation until alimony is determined.

Alimony under § 50-16.3A — long-term, paid after equitable distribution.

2. Threshold: "Dependent" and "Supporting" Spouse

Dependent spouse: actually substantially dependent on the other for maintenance OR substantially in need (§ 50-16.1A(2)).

Supporting spouse: the spouse upon whom the dependent spouse is actually substantially dependent (§ 50-16.1A(5)).

Only a dependent spouse may receive alimony.

3. The Adultery Rules — § 50-16.3A(a) (Critical)

If the dependent spouse committed illicit sexual behavior (adultery) before separation: alimony is barred as a matter of law.

If the supporting spouse committed adultery before separation: alimony must be awarded.

If both spouses committed adultery: alimony is discretionary.

"Illicit sexual behavior" includes acts of sexual or deviate sexual intercourse with someone other than the spouse.

4. The 16 Statutory Factors — § 50-16.3A(b)

Marital misconduct, relative earnings, ages, physical/mental/emotional conditions, sources of income, marriage duration, contribution by one spouse to education/training of the other, effect of custody on earning capacity, standard of living, education and time necessary for training, relative assets/liabilities and debt service, property brought to the marriage, contributions as homemaker, needs, tax ramifications, and any other factor relating to economic circumstances.

5. Duration & Amount

No statutory cap. Awards may be:

Term alimony — for a defined number of years

Permanent alimony — until terminating event

The court must make written findings supporting amount and duration.

6. Termination

Alimony terminates on:

Death of either spouse

Remarriage of the recipient (§ 50-16.9(b))

Cohabitation of the recipient with a person in a relationship "consisting of dwelling together continuously and habitually" with the assumption of marital rights/duties (§ 50-16.9(b))

7. Modification — § 50-16.9(a)

Modifiable on a change of circumstances, but lump-sum alimony is generally not modifiable.

8. Equitable Distribution Comes First

Unlike many states, North Carolina decides alimony after equitable distribution of marital property — the property award affects need.

This is legal information, not legal advice.