Spousal Support (also called Alimony) is money one spouse pays to the other by agreement or court order for support and maintenance after a separation/divorce. Post Separation Support (PSS) is temporary and is provided to support a spouse for a specified period of time until an alimony order is entered, an alimony claim is denied by the judge, or an out of court agreement is reached.
North Carolina law changed significantly in 1995. The information on this page relates only to alimony actions filed after October 1, 1995.
Important terms to understand related to Alimony and PSS:
Dependent Spouse: The spouse who is actually substantially dependent on the other spouse for support and maintenance. In large part, the judge determines how “actually dependent” and “substantially dependent” a spouse is.
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 find that there is a supporting spouse and a dependant spouse. The Court must also find that the dependant spouse's financial resources are not enough to meet his/her reasonable monthly needs and personal living expenses, and that 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, but 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 is entered by consent of both spouses.
Alimony can be paid as a one time lump sum payout or payments over time (monthly payments). Whether to pay, how much to pay, and how long to pay are issues 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 are:
• 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, the most frequent of which is infidelity. For uncondoned acts of infidelity, a supporting spouse may be required by the court to pay alimony. A dependent spouse who commits an uncondoned act of infidelity may be barred from receiving alimony to which he/she would have been entitled if he/she did not commit marital misconduct. Infidelity also exposes the paramour to potential liability for the torts of Alienation of Affection and Criminal Conversation.