When is modification of alimony granted in NC?

Alimony in North Carolina may be awarded to the spouse that is financially dependent on their partner. He or she may be considered dependent when they make less money than the other spouse. The amount awarded can vary greatly as post separation support is at the discretion of the trial judge presiding over the case. North Carolina does not have statewide alimony guidelines.

Modifying Post Separation Support Order

In order to obtain a modification of alimony in NC, the parties can try to work out an agreement when their financial situation has changed. This can be done without involving the court, but both people should be represented by legal counsel. If the parties are unable to agree, a court hearing will be necessary to get the order changed. A modification can be sought when:

• Either spouse loses their job or has experienced a substantial pay cut
• A serious illness, disease or accident has left them unable to work
• A financial emergency has arisen, such as a death in the family or their house has burned down or was destroyed by an act of nature
• A new support obligation has arisen due to the birth of a child

Court-ordered alimony will end upon the death, remarriage, or the cohabitation of either party. The judge may also specify alimony payments to be terminated after a specific length of time.

Legal Advice From a North Carolina Divorce Attorney

Planning ahead for the unexpected may save you a lot of time and money in the future. If you are currently working out a divorce settlement in North Carolina, you may want to include an adjustment clause in the agreement. This would mean that spousal support payments increase as the cost of living rises. If you are currently trying to obtain a modification of alimony, you should consult with a North Carolina divorce attorney for advice.