Quick answer: North Carolina has no alimony formula. Under G.S. § 50-16.3A, either spouse may move for alimony, and the court shall award alimony to the dependent spouse on finding that one spouse is a dependent spouse (actually substantially dependent on the other, or substantially in need of maintenance and support from the other), the other is a supporting spouse, and an award is equitable after considering all relevant factors. Alimony turns heavily on marital misconduct: if the dependent spouse participated in illicit sexual behavior during the marriage and before or on the date of separation, the court shall not award alimony; if the supporting spouse did, the court shall order alimony to a dependent spouse; if both did, it is in the court’s discretion. The court decides amount, duration (specified or indefinite) and manner of payment on sixteen factors, from relative earnings and earning capacities, ages and health, the duration of the marriage and the standard of living to assets and liabilities, homemaker contributions, relative needs and tax consequences. Alimony terminates on the dependent spouse’s remarriage or cohabitation or the death of either spouse, and it can be modified on changed circumstances.
What this calculator shows
The calculator builds a monthly ceiling from the dependent spouse’s shortfall and the supporting spouse’s ability to pay and applies the illicit-sexual-behavior rule. It does not predict an award. The dependent-spouse test and the factors are in the dependent spouse and the sixteen factors, the misconduct rules in marital misconduct and illicit sexual behavior and termination and modification in termination, cohabitation and modification.
Property, child support and alimony
Income that was considered in valuing an asset in equitable distribution is a factor in alimony, and alimony can be heard before equitable distribution. See the North Carolina property division calculator and the North Carolina child support calculator.
Alimony across North Carolina
The statute applies in every North Carolina district court, from Charlotte, Raleigh, Greensboro, Durham, Winston-Salem or Fayetteville.
Frequently asked questions
How is alimony calculated in North Carolina?
There is no formula. The court decides amount, duration and manner of payment on sixteen factors in G.S. 50-16.3A(b).
Does adultery affect alimony in North Carolina?
Yes. If the dependent spouse engaged in illicit sexual behavior before separation, alimony is barred; if the supporting spouse did, the court must award alimony to a dependent spouse.
Does cohabitation end North Carolina alimony?
Yes. Alimony terminates if the dependent spouse remarries or engages in cohabitation, and on the death of either spouse.
Who is a dependent spouse in North Carolina?
A spouse actually substantially dependent upon the other for maintenance and support, or substantially in need of it.
Can North Carolina alimony be modified?
Yes, on a showing of changed circumstances by either party.