North Carolina law changed significantly in 1995, the information on this page relates only to alimony actions after October 1, 1995.

Important terms to understand related to Alimony and PSS:

Dependant Spouse: The spouse who is actually substantially dependent on the other spouse for support and maintenance. How actual and substantial is determined, in large part, is up to the judge.

Supporting Spouse: The spouse upon whom the other spouse is actually substantially dependent for financial maintenance and support or from whom such spouse is substantially in need of financial maintenance and support.

For a court to award alimony and/or PSS the court must fine that there is a supporting spouse and a dependant spouse.  And that the dependant spouse's financial resources are not enough to meet his/her reasonable monthly needs and personal living expenses; and the supporting spouse has the ability to pay.  It is possible for the court to find that there is a dependant spouse and supporting spouse and that the supporting spouse does not have the ability to pay, in such a case alimony will not be awarded.

A finding of dependency is not required in an order for payment of alimony entered by consent of both spouses.

Alimony can be paid as a one time lump sum payout or payments over time (monthly payments).  How much to pay and how long to pay are issued to be resolved between the parties or by the Court.

North Carolina law provides guidance for judges to determine alimony claims.  The factors the Court considers may be:

• Relative earnings and earning capacities of each spouse;

• Ages and the physical, mental and emotional health of the spouses;

• Length of the marriage;

• Standard of living established during the marriage;

• Relative needs of the spouses;

• Contribution of a spouse as homemaker;

• Each party's education and the time needed to educate or train a spouse to become self-sufficient;

• The financial impact of either parent being custodian of a minor child;

• The amount and sources of earned and unearned income of both spouses, such as, earnings, dividends, medical benefits, retirement accounts, insurance, social security;

• The marital misconduct of either of the spouses through the date of separation;

• How each party has contributed to each other's education and increased earning power;

• The relative assets and liabilities of the spouses and the relative debt service requirements of the spouses, including legal obligations of support;

• The property brought to the marriage by either spouse;

• The federal, state, and local tax ramifications of the alimony award; and

• Any other factor relating to the economic circumstances that the court finds to be just and proper.

Marital Misconduct is an important term to understand.  Alimony can be denied for certain types of misconduct. Click here to read more about alimony and marital misconduct.

Although the court's discretion is broad, the court strives to be fair to both parties. If it finds that the supporting spouse is deliberately depressing his or her income, it can base an award on the supporting spouse's capacity to earn rather than his or her actual earnings.

Read North Carolina law regarding Post Separation Support and Alimony