Alimony in North Carolina is the most discretionary area of family law. Unlike child support, there are no guidelines. Unlike equitable distribution, there is no presumption of equal anything. There is a list of sixteen factors, a 'dependent spouse,' a 'supporting spouse,' and a district court judge's evaluation of the marriage you actually had. Most online alimony calculators are not how this works.
Two related concepts: PSS and alimony
Before we get to alimony, let's distinguish it from post-separation support (PSS). PSS is temporary support paid during the separation period before alimony is determined. PSS exists so that the dependent spouse can meet reasonable expenses while the case is pending. PSS is decided on a slightly different (and faster) standard than alimony, and it is often the first issue litigated in a NC divorce.
Alimony is longer-term support that follows. The same spouse who is a 'dependent spouse' for PSS purposes is generally the dependent spouse for alimony purposes, but they are decided separately and at different stages of the case.
Who pays alimony?
Alimony is paid by the 'supporting spouse' to the 'dependent spouse.' These are statutory terms with specific definitions. A dependent spouse is one who is actually substantially dependent on the other spouse for maintenance and support, or substantially in need of support. A supporting spouse is the spouse upon whom the other is so dependent.
These determinations are not formulas. They are factual questions that the court answers based on the evidence — income, expenses, lifestyle, the marriage's standard of living. In a long marriage with substantial income disparity, alimony is often awarded. In a short marriage with both spouses earning, it is often not. But every case is decided on its facts.
The sixteen factors
If the court finds that there is a dependent spouse and a supporting spouse, it then decides whether alimony is equitable based on sixteen factors set out in N.C. Gen. Stat. § 50-16.3A. They include:
- The marital misconduct of either spouse.
- The relative earnings and earning capacities of the spouses.
- The ages and physical, mental, and emotional conditions of the spouses.
- The amount and sources of earned and unearned income.
- The duration of the marriage.
- The contribution by one spouse to the education, training, or increased earning power of the other.
- The standard of living established during the marriage.
- The relative education of the spouses and the time necessary for the dependent spouse to acquire sufficient education.
- The relative assets and liabilities of the spouses.
- Tax consequences.
The remaining factors address property each spouse brought into the marriage, contributions of one to the other as a homemaker, the needs of the spouses, and 'any other factor relating to the economic circumstances of the parties that the court finds to be just and proper.' The list is long; the discretion is real.
Marital misconduct: the special role of infidelity
NC remains one of a small number of states where marital misconduct, and specifically 'illicit sexual behavior' (sex with someone other than the spouse during the marriage and before the date of separation), plays a significant role in alimony decisions.
Specifically: if a dependent spouse engaged in illicit sexual behavior before the date of separation, alimony is barred. If a supporting spouse engaged in illicit sexual behavior before the date of separation, alimony is mandatory. If both spouses engaged in illicit sexual behavior, the court has discretion.
Other forms of marital misconduct — abandonment, indignities, financial waste, substance abuse — are factors but not bars or mandates. Misconduct after the date of separation is generally not relevant to alimony.
How long does alimony last?
There is no statutory schedule. Alimony in NC can be for a fixed number of years, until remarriage, until cohabitation, until retirement, or for life. In practice, NC courts often anchor duration to the length of the marriage, the dependent spouse's path to self-sufficiency, and the parties' ages — but there are no rules. A 25-year marriage with a dependent spouse near retirement age may produce lifetime alimony; a 10-year marriage with both spouses working may produce three or five years of step-down alimony; a short marriage may produce none.
Tax treatment
Federal tax treatment of alimony changed significantly in 2019. For divorces and separation agreements executed after December 31, 2018, alimony is no longer deductible to the payor or includable as income to the recipient on federal returns. NC follows federal law on this. The change has substantially affected how alimony is structured and negotiated — most agreements now factor the lost deduction into the support amount, and the supporting spouse generally pays less than they would have under the prior rules.
Why online calculators don't work
If you have run your numbers through an online 'alimony calculator,' please ignore the result. NC has no formula for alimony, and any calculator that gives you a number is using either a formula that does not apply in NC or making assumptions about your case that may or may not be correct. The discretion in this area is enormous. Two cases with the same income, the same length of marriage, and the same ages can produce very different alimony outcomes depending on the facts and the presentation.
What to do if alimony is at stake
Talk to a family law specialist. Alimony is the area of NC family law where good representation matters most: the difference between a well-presented and a poorly-presented case can be tens of thousands of dollars per year for a decade or more. Document your finances. Document the marriage's standard of living. Be clear about your post-separation needs and capacity. The work of preparing an alimony case is largely the work of putting your financial life on paper — and a specialist will know how that paper needs to look for the court.
