Spousal Support

North Carolina Spousal Support Decisions Are Based On Numerous Factors

North Carolina courts may order spousal support if one of the parties is financially dependent on the other and the supporting spouse can afford to pay. At Ellis Family Law, P.L.L.C., we protect our clients’ interests regarding spousal support, whether they expect to pay support or receive it. With office locations in Durham, Cary, Pittsboro and Wake Forest, we are ready to assist no matter where you reside within the Triangle area.

North Carolina provides two kinds of spousal support:

Post-separation support, or PSS, is temporary support paid to a dependent spouse. A dependent spouse is someone who was either financially dependent on the supporting spouse during the latter period of the marriage or is in need of support now. PSS can’t be barred due to the personal behavior of the dependent spouse.
Alimony may continue for a specific amount of time, until remarriage or cohabitation within a marriage-like relationship, or the death of either party. Alimony can be barred if the dependent spouse had an affair that was not condoned by the supporting spouse. “Condoned” means that when the supporting spouse found out about the affair, he or she forgave it. If the supporting spouse has an affair, however, the alimony statute states that the supporting spouse “shall” pay alimony. If both parties have an affair, the adultery has no effect on the alimony.

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Key Considerations For Spousal Support

Both PSS and alimony are limited to the reasonable needs of the dependent spouse and the supporting spouse’s ability to pay. Even if you have reasonable financial needs, the court can deny support if your spouse can’t afford to pay it.

In North Carolina, the courts use the inclination and opportunity doctrine as a method of establishing whether a spouse had an affair during the course of the marriage. The court does not necessarily require that you have tangible proof (i.e., videos, pictures, etc.), but you must be able to establish that there was an “inclination” and an “opportunity” for the adulterous conduct.

Changes To Spousal Support

Spousal support orders are not always set in stone. Circumstances can change, and when they do, either party can request a modification of the support order. These changes can be either upward or downward modifications depending on the situation.

Downward Modifications

In some circumstances, the payor may petition the court for a downward modification of spousal support. Such a change may be warranted if the recipient not with increased income or is cohabiting with another person. An involuntary decline only in the financial fortunes of the payor may also warrant a downward modification.

Upward Modifications

Conversely, a recipient of spousal support may require a larger support payment if he or she suffers unemployment, disability, or some other financial misfortune.

It’s crucial to consult with a qualified attorney to understand the grounds for modification and to navigate the legal process effectively.

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