Spousal Support — Decided on the Facts, Not the Assumptions

Alimony rests on a straightforward principle: a supporting spouse has an obligation to support a dependent spouse. Either husband or wife may request Post-Separation Support (PSS) and/or alimony, which is in addition to child support. But North Carolina has no alimony formula. The outcome turns on dependency, ability to pay, the marital standard of living, and the facts you can prove — not on assumptions about the income gap or an affair. The proof decides it.

To qualify for spousal support, you must prove that:

1. The parties are lawfully married;
2. The party seeking support is the dependent spouse;
3. The party from whom support is sought is the supporting spouse;
4. The dependent spouse does not have sufficient resources to meet their needs; and
5. The supporting spouse has the ability to pay support.

Marital Fault Can Move the Outcome

It is not necessary to prove marital fault to obtain alimony, but the judge may consider it — and on one point it is decisive. Illicit sexual behavior (including adultery) by the dependent spouse before the date of separation bars alimony entirely; the same conduct by the supporting spouse can require an award. Domestic violence is marital misconduct here too, and the court must weigh it. Marital fault may include:

1. Illicit sexual behavior including but not limited to adultery.
2. Involuntary separation of the spouses in consequence of a criminal act committed prior to the proceeding in which alimony is sought.
3. Abandonment.
4. Malicious turning out of doors.
5. Cruel or barbarous treatment endangering the life of the other spouse.
6. Such indignities as to render the condition of the other spouse intolerable and life burdensome.
7. Reckless spending of the income of either party, or the destruction, waste, diversion or concealment of assets.
8. Excessive use of alcohol or drugs so as to render the condition of the other spouse intolerable and life burdensome.
9. Willful failure to provide necessary subsistence according to one’s means and condition so as to render the condition of the other spouse intolerable and life burdensome.

Proving the Real Picture

If support cannot be agreed upon, our attorneys are prepared to present the evidence and arguments for PSS or alimony in court. We build the picture to the account level — true income and earning capacity, separate versus joint finances, the marital standard of living, and misconduct where it matters. You will complete a Financial Standing Affidavit showing the shortfall between your reasonable needs and your income; that shortfall is the amount of support sought. Where the facts warrant it — and only then — a licensed investigator can establish the conduct behind the adultery bar; we have used proof of adultery to stop alimony, and any surveillance stays within the law.

Alimony is also tied to the property division: a dependent spouse’s need and a supporting spouse’s ability to pay both change once the estate is divided. So equitable distribution generally has to be resolved, or at least accounted for, before alimony can be set correctly — and we sequence the two on purpose.

Types of Alimony

There are several general categories, which can be combined:

Rehabilitative Alimony. Generally awarded when the recipient is younger or able to eventually enter or return to the workforce and become self-supporting, and may include paying for education to get there. It is the most commonly awarded type of alimony. (Not recognized as a separate category in NC.)

Permanent Alimony. Paid until the death of the payor or the remarriage of the recipient. Agreements and orders awarding permanent alimony generally include standard termination clauses that end alimony if the:

• Parties resume marital relations
• Recipient remarries
• Recipient cohabits with another adult
• Either party dies
• Stated expiration date is reached, if one was included in the agreement

Temporary Alimony. Commonly called Post-Separation Support (PSS). Payments are made for a specific period, typically one year — useful when a person needs financial assistance to get re-established.

Note: rehabilitative, permanent, and temporary alimony are paid periodically (for example, weekly or monthly).

Lump Sum. One lump payment of alimony instead of periodic payments. Consult your tax attorney and/or Certified Public Accountant about the tax consequences of lump-sum alimony before signing an agreement that awards it.

Structure Matters as Much as the Number

How alimony is built can matter as much as the amount. Periodic alimony ends on death, remarriage, or cohabitation — security for the payor, but a risk for the recipient if life changes. A lump sum is certain and does not terminate on those events. We structure support — periodic, lump-sum, fixed-term, or a combination — to fit your goals and your tolerance for that risk.

Whether you are the dependent spouse who needs support to rebuild, or the supporting spouse who needs the claim measured honestly, we prove the facts that produce the right number — and we tell you, honestly, where dependency, misconduct, and ability to pay actually land. We don’t promise a figure; we prove the facts that justify one.