How Spousal Support Works in North Carolina
North Carolina has two different types of spousal support. Post-separation support is temporary, often acquired through a court order, and expires around the time of entry of a divorce. Alimony is longer-term support. To qualify for spousal support, one spouse must be financially dependent on the other for their maintenance and support.
TWO TYPES OF SUPPORT
Post-Separation Support vs. Alimony
The two types of support have different timelines and different factors may be considered.
Post-Separation Support
Temporary support paid before a final alimony amount has been determined. Covers the receiving spouse's reasonable needs while the full case is being resolved.
Alimony
Longer-term support that takes into account the length of the marriage, the income disparity, marital misconduct, and other legal factors.
WHO QUALIFIES
Who Qualifies as a Dependent Spouse
You are a dependent spouse if you need financial support from your ex-spouse to support your reasonable monthly needs. The court assesses both actual income and income capacity, when appropriate.
Actual income and reasonable needs of each spouse
Earning capacity, not just current earnings
Length of the marriage
Marital misconduct of either or both spouses
Standard of living during the marriage
Contributions as a homemaker or to the other spouse's career
WHAT MOST PEOPLE DON'T KNOW
How Adultery Affects Alimony in North Carolina
In North Carolina, marital misconduct directly impacts alimony. If the dependent spouse committed adultery prior to separation, they may be barred from receiving alimony. If the supporting spouse committed adultery, it is likely they must pay alimony. If both spouses committed adultery, the court will decide. This is why honest conversations with your attorney matter. Things you disclose to us privately are protected.
How We Work
How We Handle Spousal Support at Smith Cash Family Law
Find out where you stand financially.
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Faq
Your spousal support questions, answered honestly.
What is the difference between post-separation support and alimony?
Post-separation support is more limited in duration. Alimony is longer-term support. You can receive post-separation support without qualifying for alimony.
Does cheating affect alimony in North Carolina?
How long does alimony last?
Can alimony be modified later?
Is alimony taxable?