In many marital relationships, the spouses have created a history where one spouse earns more money than the other spouse. In some situations, there are stay-at-home spouses often when children are involved in which said spouse does not work at all. In these situations, a legal claim for spousal support may be created. In North Carolina, there are essentially two forms of spousal support: Postseparation Support and Alimony.

North Carolina General Statutes §50-16.1A and §50-16.3A provide that either party is entitled to request spousal support so long as certain requirements are met. Regardless of the specific claim, a spousal support claim must be pending prior to the date of divorce.

Dependency is generally the first consideration when analyzing if a party can file for a spousal support claim. Dependency is relatively clear when one of the spouses earns all of the household income while the other spouse – the “dependent spouse” – does not earn any or a nominal amount of the household income. However, if the incomes of spouses are more equal or if the incomes of each spouse are able to meet each party’s necessary expenses independent of the income of the other spouse, the question of dependency becomes challenging.

Postseparation support can be awarded in order to provide temporary financial support to a dependent spouse until a final decision on Alimony. As may be inferred from its name, postseparation support is to help a dependent spouse get through the separation period, any pending legal proceedings, and possibly to help said dependent spouse rehabilitee any income-earning opportunities. For example: if the dependent spouse was a nurse prior to becoming a stay-at-home spouse and said spouse needs further training and certification to pursue a nursing job moving forward, then postseparation support may provide some financial means to pursue this endeavor.

Alimony is the legal mechanism by which either party can request their spouse provide a form of permanent financial support. This arrangement can involve payments over a definite amount of time or it can be done in a lump sum.

The Court follows a two-step process when evaluating a claim for spousal support. As noted above, the first step is classifying the parties as either dependent or supporting. Thereafter, the Court determines if the supporting spouse has the ability to pay financial support to the dependent spouse. The Court considers the financial needs of both spouses and whether there is enough money to go around to maintain the standard of living they had become accustomed to during the marriage. The Court also considers various statutory factors before deciding if an award is equitable based on each specific case and its circumstances. The amount, duration, and manner of payment awarded is up to the Court’s discretion.

Defenses to spousal support claims include waiver and marital misconduct. Parties can include waivers to spousal support claims in properly executed premarital agreements, separation agreements, or some other marital contracts. A common defense considered by the Court is marital misconduct as alleged by either or both spouses. One of the clearest forms of marital misconduct is “illicit sexual behavior” (adultery) during the marriage. It is often a bar to receiving or avoiding alimony by the culpable party.

With these various factors considered by the Courts, it is important to work with an experienced family law attorney when pursuing a spousal support claim.

If you are pursuing legal relief involving spousal support, our Modern Legal Team is here to help.

Please note: these educational materials are based on North Carolina law where my legal practice is based. While the insights may have wide applicability, readers should consult with an attorney regarding the specific laws in their state or country. 



Written by: Tiffany A. Byrd