Alimony FAQs

How do I know if I will receive alimony?
In order to receive alimony (also referred to as “spousal support”), there must be a showing that the person receiving support is a “dependent” spouse, the person paying support is a “supporting” spouse and that the supporting spouse has the ability to pay support. If a dependent spouse is entitled to alimony and the supporting spouse has the ability to pay, then the Court will consider many factors, including marital misconduct, to determine how much and how long it should be paid.
If I cheat on my spouse, am I entitled to receive alimony?
The short answer to this question is “no” considering that adultery is the one absolute bar to a dependent spouse receiving alimony. However, if your husband or wife have also committed adultery, it is “canceled out” for purposes of a determination and therefore you may still be entitled to it.
How long will I receive or have to pay alimony?
There is no statutory definition of how long you will have to pay alimony or how long you will be able to receive it (or for that matter, how much you will have pay or receive). There are numerous statutory factors which come into play when determining the amount and duration of your alimony payment, all of which are listed in Chapter 50 of the North Carolina General Statutes. However, some of the most important factors are the length of your marriage and the age of you and your spouse.
I was ordered to pay alimony but lost my job. Do I still have to pay?
In North Carolina, if a party is either ordered to pay alimony or has agreed to pay alimony through a consent order, then a party may seek a modification of the existing obligation by filing a motion with the Court and showing that there has been a change in circumstances.


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