Alimony FAQ

There are many challenging parts of divorce. It’s an upheaval and a deliberate, considered separation of two intertwined lives. However, often, those binds don’t sever completely and, in many cases, there must be an ongoing financial tie: alimony.

At , we are spousal support lawyers who understand the challenges of both sides of the alimony question. Our job is to educate you on what’s possible and what’s practical. Below, we’ve put together some of the answers to questions our clients frequently ask.

What is alimony?

Alimony, also known as spousal support, is an ongoing financial support system for former spouses. North Carolina law recognizes the necessity of alimony in many situations.

The purpose of alimony and spousal support is to allow a former spouse to have a financial basis as they build a new life. The close connections and intermingled assets of marriage can create financial dependency. Cutting off the marital ties could potentially leave a person with no way to support themselves.

Who is eligible for alimony?

Alimony between two former spouses – where the one with the higher income pays the one with the lower income – is not automatic. The judge in your case, before ordering alimony, will look to answer several questions about the divorcing individuals. These include the following:

• How old are they?
• How healthy are they?
• How long was the marriage?
• What are their financial situations?
• What was their lifestyle during the marriage?
• Was there any marital misconduct?

While North Carolina has a no-fault divorce law, alimony is one area in which fault may be a contributing factor. A person found at fault – meaning, they committed a crime or adultery or are liable for some other recognized fault – may either pay more in alimony or not be eligible for as much.

How is the amount of alimony determined?

Unlike child support, there is no set algorithm for alimony or spousal support payments. Instead, determinations are based on the judge’s experience and the relevant factors, such as those listed above. That said, since there is no formula, alimony can be a large financial boon or burden.

Can both men and women receive alimony?

Yes. Alimony is tied to income, not gender. Therefore, if a woman makes more than her husband, it is possible for her to have to pay alimony in the divorce. This is also possible through same-sex marriages.

If a spouse meets the requirements of the judge, then alimony is a likely outcome.

How long does alimony last?

Some alimony durations are temporary, lasting until the dependent spouse can pay their own way. However, depending on the length of the marriage, the amount of financial dependency and any disabilities involved, alimony orders can become permanent.

How is alimony different from child support?

Although alimony and child support involve money paid after a divorce, they serve different purposes. Alimony is financial support from one spouse to the other, designed to help maintain a similar standard of living after divorce. It is focused on the needs of the former spouse.

On the other hand, child support is strictly for the benefit of the children. The amount is determined based on guidelines set by North Carolina law and is intended to cover basic expenses such as food, housing, clothing, medical care and education. 

How does the length of the marriage affect alimony?

The length of a marriage can determine how alimony is awarded. In North Carolina, longer marriages usually result in higher chances of alimony being ordered for a longer duration. Support may still be awarded for shorter marriages, but often for a limited period. 

Judges in Raleigh will review:

• Earning capacity of each spouse: Not just current income, but education, job skills and potential future earnings.
• Age and health of both spouses: Physical or mental health conditions may impact a spouse’s ability to work or need support.
• Standard of living during the marriage: Courts often aim to maintain a lifestyle that’s reasonably close to what the couple had before divorce.
• Contributions to the marriage: This includes homemaking, child-rearing or supporting the other spouse’s career or education.
• Misconduct during the marriage: Marital misconduct, such as infidelity or abandonment, can influence alimony decisions in North Carolina.
• Property distribution in the divorce: The division of marital assets may reduce or increase the need for alimony.
• Care of children: If one spouse has primary custody of young children, that may limit their ability to work and increase their need for support.

Because every case is unique, it is important to consult with a Raleigh divorce attorney to understand how the length of your marriage may influence your outcome.

What happens if my ex-spouse refuses to pay alimony?

The law provides several enforcement tools if your ex-spouse refuses to pay court-ordered alimony. The court may:

• Hold the non-paying spouse in contempt, which could lead to fines or jail time
• Garnish wages directly from their paycheck
• Place liens on property or bank accounts

Enforcement actions require legal steps, so working with a Raleigh alimony enforcement lawyer is necessary. We can help ensure the court order is respected and your financial stability is protected. 

Do I have to pay taxes on the alimony I receive?

The tax treatment of alimony changed in 2019 under federal law. For divorce agreements finalized after January 1, 2019, alimony payments are no longer taxable income for the recipient and are not deductible for the payer.

For older agreements finalized before that date, the previous rules may still apply unless the agreement was modified. Because tax implications can be complex, working with an attorney in Raleigh is the best way to avoid unexpected consequences.

What happens if the payer of alimony loses their job or financial stability?

When the spouse responsible for paying alimony faces job loss or financial hardship, they can request a modification of alimony through the court. Common scenarios include:

• Losing employment or experiencing a pay cut
• Developing a medical condition that reduces the ability to earn income
• Facing unexpected financial burdens
• Enters retirement and has a reduced fixed income

Courts in Raleigh will review whether the change is substantial and ongoing. If so, the amount of alimony may be reduced or temporarily suspended. However, it is crucial for the payer to file a motion with the court rather than simply stopping payments. We can make sure the process is handled properly.

Does remarriage or cohabitation affect alimony?

Yes, both remarriage and cohabitation can impact alimony in North Carolina. If the recipient spouse remarries, alimony generally ends automatically. 

Additionally, if the recipient begins cohabiting with a romantic partner, the court may also terminate or reduce alimony if it appears the new living arrangement provides financial support.

Since proving cohabitation can sometimes be complex, as it involves shared bills or joint residence, our Raleigh family law attorney helps ensure evidence is properly presented to the court.

Can alimony be terminated if the recipient becomes financially independent?

Alimony is meant to provide support when one spouse cannot reasonably maintain themselves. If the receiving spouse becomes financially independent, either through employment, investments or another source of stable income, the paying spouse can request termination of alimony.

The court will examine:

• Whether the recipient’s income is sufficient to cover reasonable living expenses
• If financial independence is likely to remain stable over time

Because this determination involves financial documentation and legal arguments, our attorney can make sure your case is presented.

What happens to alimony if the payer or recipient passes away?

In most cases, alimony ends upon the death of either party. If the alimony payer dies, the obligation ends unless the court orders life insurance or other arrangements to secure future payments. If the alimony recipient passes away, the support obligation also terminates immediately.

Planning for such situations can be part of divorce agreements, especially if financial security is a concern. We are experienced Raleigh attorneys who can help draft or modify agreements to protect both parties’ interests.

Skilled, Experienced Spousal Support Attorneys On Your Side

Whenever you have an alimony question, there are likely to be extremely strong opinions on both sides as to how much alimony should be paid or how long it should last. The lack of a specific formula for alimony can seem intimidating. However, we have experience in these cases and in North Carolina law. We can be your advocates.

When clients come to us, they learn to trust in our strategic, comprehensive work because we’ve developed a reputation for being strong and respected divorce lawyers. We will be with you for the entirety of your case.

Reach out to us today by phone at 919-926-1943 or email to get a consultation with one of us. Your case may just be starting, but you don’t have to move forward without all the information you deserve.