Alimony (spousal support) is a payment made from one spouse to another during or following a divorce. Alimony may be awarded under North Carolina state law. However, it is by no means automatic. It will only be required when deemed appropriate given the circumstances of the case.
Arguments can be made for (and against) alimony. Here, our Charlotte alimony attorney provides an overview of the most notable arguments for and against spousal support in North Carolina.
Understanding the Benefits of Alimony
Under North Carolina law (G.S. 50-16.3A), “the court shall award alimony to the dependent spouse upon a finding that one spouse is a dependent spouse, that the other spouse is a supporting spouse, and that an award of alimony is equitable after considering all relevant factors.” In other words, alimony is financial support paid by one spouse to the other following a divorce. It is intended to help the dependent spouse maintain a standard of living similar to what they had during the marriage. Alimony can be awarded in a lump sum, periodic payments, or other forms as determined by the court. It is not required by law in North Carolina. Alimony is only awarded in a minority of divorce cases in our state.
An Overview of the Arguments for and Against Alimony
Three Arguments Why Alimony Should Be Awarded
1. A Long-Term Marriage
In North Carolina, alimony is more likely to be awarded after a long-term marriage. The length of the relationship is a major factor in determining how much (if any) spousal support is appropriate.
The reason is the extended duration of a marriage creates a strong potential for true financial reliance. For example, a spouse who supported their partner through education or career growth over decades often sacrifices their earning potential. In North Carolina, a marriage of more than 20 years is presumptively a long-term marriage. Alimony is more likely to be granted in these divorces.
2. Significant Gap in Future Financial Prospects
When there is a large disparity in earning potential between spouses, alimony can provide the necessary support for the lower-earning spouse to transition to financial independence. Without alimony, the financial imbalance could create hardship for the dependent spouse while the other enjoys substantial future earnings. Current and future earning potential is a major factor.
3. Contributions to Marriage and Family
Finally, if the (potential) recipient spouse made significant contributions to marriage and family, that is a major argument in favor of the award of alimony. The law holds that a spouse who contributed significantly to the marriage—such as managing the household, raising children, or supporting their partner’s career—deserves recognition for their sacrifices. They are far more likely to be awarded alimony by a North Carolina court.
Three Arguments Against the Award of Alimony
1. A Short Marriage
Alimony is quite unlikely to be awarded after a short-term marriage in Charlotte. Under North Carolina law, alimony may not be justified in a short marriage where there has been insufficient time for significant financial dependence to develop. In these cases, each spouse is generally expected to retain their respective financial positions from before the marriage. A marriage of less than five years is presumptively a short-term marriage.
2. No Financial Need
Another major argument against alimony is that there is no financial need by the petitioning spouse. Alimony is not appropriate if the potential recipient has sufficient financial resources or income to maintain their standard of living independently. For example, if the spouse seeking alimony has a high-paying job, substantial savings, or valuable assets, the court may determine that financial support is unnecessary—even if the other party has even more financial resources available.
3. Marital Misconduct (By Potential Recipient)
In North Carolina, marital misconduct by the potential recipient—with the most notable example being adultery—can disqualify them from receiving alimony. Courts view such behavior as a breach of the marital contract, and it often influences the decision on financial support.
For example, if the dependent spouse engaged in an extramarital affair, the court may deem them ineligible for alimony even if they would otherwise qualify based on the specific circumstances of the case.
How Our North Carolina Family Law Attorneys Can Help
Alimony is complicated. It may or may not be awarded after a divorce. The answer will always depend on the specific facts of the case.
Whether you are the partner who may be entitled to receive alimony or you are the party who may be required to pay alimony, professional representation can make the difference. North Carolina family attorney Jennifer Dixon has extensive experience handling complex alimony issues. We invest time, resources, and personal care into every case.
Contact Our Charlotte Alimony Lawyer Today
At Remington & Dixon, PLLC, our Charlotte alimony attorney is standing by, ready to help. If you have any questions about spousal support, we are here as a family law resource. Call us now or contact us online to schedule a fully confidential initial consultation. With an office in Charlotte, we provide family and divorce representation throughout the wider region.
