Ending and Modifying Alimony in North Carolina
North Carolina alimony terminates when the dependent spouse remarries or cohabits or when either spouse dies, and may be modified or vacated at any time on a showing of changed circumstances.
Termination
If a dependent spouse receiving postseparation support or alimony remarries or engages in cohabitation, the support terminates, and it terminates on the death of either the supporting or the dependent spouse (G.S. 50-16.9(b)).
Cohabitation
Cohabitation means two adults dwelling together continuously and habitually in a private relationship, even if not solemnized by marriage, evidenced by the voluntary mutual assumption of the marital rights, duties and obligations usually manifested by married people, which include, but do not depend on, sexual relations.
Modification
An order for alimony, contested or by consent, may be modified or vacated at any time on a motion in the cause and a showing of changed circumstances by either party (subsection a). Motions based on a resumption of marital relations are decided under G.S. 52-10.2.
Orders from other states
A North Carolina court that gains jurisdiction over both parties may, on a showing of changed circumstances, enter a new order that modifies or supersedes another state’s alimony order to the extent it could have been modified there.
Evidence to gather
The order, proof of the change in circumstances with dates and, for cohabitation, records of shared residence and finances.
Questions for the negotiation
Decide whether the agreement should state how remarriage and cohabitation are treated and when alimony ends.
Next steps
See the dependent spouse and factors for the original standard and test a ceiling in the North Carolina alimony calculator.
Frequently asked questions
Does remarriage end North Carolina alimony?
Yes. Alimony terminates if the dependent spouse remarries or cohabits, and on the death of either spouse.
What is cohabitation for North Carolina alimony?
Two adults dwelling together continuously and habitually in a private relationship assuming the rights and duties usually manifested by married people.
Can North Carolina alimony be modified?
Yes, at any time on a showing of changed circumstances.
Can a North Carolina court change another state’s alimony order?
Yes, on changed circumstances and jurisdiction over both parties, to the extent the order could have been modified where it was made.
Does death end North Carolina alimony?
Yes. It terminates on the death of either spouse.
Official sources
- G.S. 50-16.3A: alimony
- G.S. 50-16.1A: definitions
- G.S. 50-16.9: modification of order and termination
A local family law attorney can review your situation — many offer a free consultation.
This is general information, not legal advice. It is based on the cited North Carolina statutes, rules and court opinions, and every case turns on its own facts. Confirm how the law applies to your situation with a licensed North Carolina attorney.