In North Carolina, one spouse may be entitled to receive alimony payments following a divorce.
Depending on the circumstances, alimony payments may be required on a temporary or even permanent basis. This raises an important question: Can alimony be modified? The short answer is “yes”—however, while alimony can be modified in North Carolina, it is only certain in limited circumstances. In this article, our Charlotte alimony lawyer provides a comprehensive guide to spousal support modification laws in North Carolina.
What to Know About Alimony in North Carolina
Alimony (spousal support) is a payment made by the financially better-off spouse to the financially worse-off spouse during and/or after a divorce. Alimony may be awarded as part of a divorce in North Carolina. However, it is not guaranteed as a matter of state law. In determining if alimony should be awarded (and how much), a North Carolina court must:
- Identify if one spouse is “dependent”—meaning they substantially rely on the other;
- Assess the level of dependency based on income, earning power, and the standard of living during the marriage and
- If alimony is appropriate, decide which type and how much should be granted.
In North Carolina, courts will consider a number of different case-specific factors in awarding—or denying—alimony. For example, the length of the marriage matters. Longer marriages are more likely to result in a more substantial alimony award. Other issues, such as significant health issues or advanced age, may also impact alimony.
An Overview of Circumstances to Modify Alimony
In North Carolina, it is possible to modify alimony. However, state law only allows for an alimony modification if there has been a “substantial and material change in circumstances” (G.S. § 50-16.9). A substantial change in circumstances must both be significant and must not have been reasonably anticipated to occur at the time that the alimony order/agreement was entered. Notably, either party—the supporting spouse or dependent spouse—can request a modification, but they must demonstrate a substantial and material change. Here is an overview of some of the specific circumstances that could justify a modification of alimony in North Carolina:
- Recipient Remarriage: If the dependent spouse remarries, alimony payments are typically terminated. The reasoning is that the new marriage creates an alternate source of financial support. The recipient’s remarriage automatically terminates alimony in North Carolina.
- Recipient New Supportive Relationship: Cohabitation—defined as living with a romantic partner in a marriage-like relationship—may also result in the termination or reduction of alimony. However, it is not automatic. The paying spouse must petition the court.
- A Significant Change in Income A substantial increase or decrease in the income of either spouse may justify a modification. For example, if the supporting spouse experiences a job loss, a demotion, or retirement, they may request a reduction in payments.
- Changes in the Needs of the Dependent Spouse: If the dependent spouse’s financial needs decrease significantly, such as inheriting a large sum of money or achieving financial independence, the supporting spouse may request a modification.
- Unexpected Health Issues and/or A New Disability: If the dependent spouse develops a serious illness or disability that increases their financial need, the court may increase alimony payments. Along the same lines, if the supporting spouse becomes incapacitated and cannot work, they may seek a reduction or termination.
- Discovery Material Misrepresentation or Outright Fraud: If it is found that either party misrepresented their financial situation during the original divorce proceedings—such as hiding assets or providing false income statements—alimony may be modified.
Can Alimony Be Increased After Divorce?
Yes. In North Carolina, it is possible to get alimony increased after a divorce has been finalized. With that being said, it is important to emphasize that it is relatively uncommon. A (former) spouse seeking an increase in their alimony has the responsibility to show that there has been a substantial and material change in circumstances that was not reasonably anticipated at the time of the divorce.
Some of the most common reasons include unexpected financial hardship, sudden increased living expenses, loss of income, and major medical needs. If you are trying to get additional alimony after a divorce has already been finalized, an experienced Charlotte, NC family lawyer can help.
The Spouse Seeking a Modification Has the Burden of Proof
Are you seeking to get alimony modified in North Carolina? Whether you are trying to get an increase in the spousal support that you are receiving or a decrease in your monthly obligations, you have the burden of proof. Here are two key points that you must be prepared to establish as part of your alimony modification petition:
- Substantial and Material Change in Circumstances: To succeed in modifying alimony, the requesting spouse must first prove that a significant and ongoing change in circumstances has occurred since the original order was issued. The change must materially affect either the dependent spouse’s financial needs or the supporting spouse’s ability to pay. To be clear, temporary or minor changes in financial status do not meet this standard.
- Proposed Modification is Appropriate: Beyond proving that there has been a substantial and material change in circumstances, you must all prove that the specific change that you are seeking is the appropriate modification. Indeed, even if a substantial change is proven, the requesting spouse must still also demonstrate that the proposed modification is fair and reasonable under the circumstances. In North Carolina, a court can consider a wide range of different factors—such as the current income, expenses, and financial responsibilities of both parties—in evaluating whether the modification should be approved.
How Our North Carolina Family Law Attorney Can Help
Alimony modification cases are notoriously complex. The specific circumstances always matter.
Whether you are paying alimony or receiving alimony, North Carolina family lawyer Jennifer Dixon is standing by, ready to protect your rights and your interests. Attorney Dixon will help you explore every option to secure the best possible outcome in your alimony modification case. An initial consultation with our Charlotte family lawyer is confidential.
Contact Our Charlotte, NC Alimony Modification Lawyer Today
At Remington & Dixon, PLLC, our Charlotte family law attorney has the knowledge, skills, and expertise to take on the full range of spousal support modification cases. If you have any questions or concerns about alimony modification, please do not hesitate to contact us today to schedule a fully confidential, affordable initial consultation. With an office in Charlotte, we provide family and divorce representation in Mecklenburg County and throughout the surrounding region of North Carolina.
