Alimony


#1

Is there a time limit on Alimony in NC? What if a former spouse (dependent one does not provide court with her income)? In GA there is a 9 yrs time limit what about NC?

Does it continue forever?


#2

No, there is no specific time limit for alimony in NC. An alimony term of half the length of the marriage is just a rule of thumb, longer terms are of course possible, and life time alimony is still awarded in some rare cases.


#3

No, there is no specific time limit for alimony in NC. An alimony term of half the length of the marriage is just a rule of thumb, longer terms are of course possible, and life time alimony is still awarded in some rare cases.


#4

So how does someone get permanent alimony for a marriage that lasted only 9 yrs?


#5

Without knowing the full facts of the case, I cannot speculate. However, it would be rare for a court to award permanent alimony in NC for a marriage that lasted 9 years.


#6

Do you have any resources on alimony? I have researched it online, but have not found any data on alimony in nc. What grounds do you have to prove to terminate it or reduce it.


#7

A court order for support, alimony or child support, cannot be modified unless the a party files a motion to modify and any such motion must be based on a substantial change in circumstances. This substantial change in circumstances is something that is affecting his ability to pay, or her reasonable needs.

Alimony typically terminates upon cohabitation or remarriage. North Carolina law states that co-habitation automatically terminates the support obligation, however a supporting spouse must file a motion with the court, notify the dependant spouse and obtain a court order authorizing termination of the payments on a date certain. This means that you cannot simply stop paying support, you must wait until the court issues an order terminating alimony or post separation support.

The NC statute pertaining to termination of alimony is 50-16.9. You can read that to get the full information, but essentially it talks about modification or termination being for changed circumstances or resumption of marital relations between the parties, and also termination upon remarriage or cohabitation, or upon death of supporting spouse.


#8

So what if the dependent spouse is working? Does the fact that she is working making good income not count? What if you are still paying child support for a child over 18 will that impact the support or if you overpaid support for an entire yr? We want to go to court, but worry we might end up paying more so do you think you could answer these for me? I hope you dont mind me asking more questions on this. The child in question is disabled with a large income of her own. But we still pay her support though we have not been told to stop. We will do so until…forever, but would we be able to terminate alimony in this case?


#9

To modify alimony you must show a change of circumstances and this change must relate to the financial needs of the dependent spouse or the supporting spouse’s ability to pay. If you feel that her needs have changed substantially due to her employment and income, and/or your ability to pay has been reduced, then you can file for modification of alimony. I cannot predict what a judge will do in any one case.


#10

So other than changes in circumstances you cannot terminate alimony at all? Seems like there should be a time limit on it? Why does a spouse get permanent alimony for just 9 yrs of marriage. It is insane.


#11

Again, I cannot say why permanent alimony was awarded in a case of a marriage of 9 years. That is up to the judge. As I said above, you can terminate it under certain circumstances.The NC statute is 50-16.9. It normally will terminate if a party dies, or after a motion that the supported spouse remarried or is cohabitating. Otherwise, it will terminate automatically upon the end date set. For permanent alimony, it will not have a set end date.