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Circumstances change, and your living situation should reflect any major changes to your income, family, or lifestyle. The same applies to alimony payments. Yet, the legal process can make it difficult for you to make necessary changes to your alimony arrangement.
If you need to modify your court-ordered alimony payments after the fact, let our divorce attorneys at Patrick, Harper & Dixon, LLP tell you what you need to know.
What Is Alimony Under North Carolina Law?
Alimony, also called spousal support, describes the post-divorce process of court-ordered payments from one former spouse (the supporting spouse) to another (the dependent spouse). North Carolina law requires specific requests for alimony—it never happens automatically—and courts evaluate these requests based on a number of factors, including the following:
- The earning capacities of both spouses
- The length of the marriage
- The standard of living established during the marriage
- Each spouse’s financial needs and resources
- The age and health of both parties
- Any marital misconduct by either spouse
When a North Carolina court issues an alimony order, either party may request changes to the order after the fact by demonstrating a “substantial change in circumstances.” Regardless of whether the parties in the divorce contested the alimony arrangements or agreed to them mutually, North Carolina judges retain the ability to modify or vacate these orders upon request.
What Constitutes a “Substantial Change in Circumstances”?
To show a “substantial change in circumstances,” one or both parties in the separation must demonstrate considerable income increases or decreases, involuntary job loss or career changes, serious illness, disability, or medical conditions, retirement, or the dependent spouse’s remarriage or cohabitation.
The documented change must be both substantial and continuous and must have occurred after the establishment of the original alimony order. To support your modification request, you will need documentation of decreased income or financial hardship, evidence of the receiving spouse’s improved financial situation, proof of the receiving spouse’s cohabitation with another adult in a romantic relationship, or medical records if health issues have affected your ability to pay.
What If Both Parties Agree to Modify Alimony?
When both parties agree to modify alimony in North Carolina, you can create a consent order that reflects your agreement. Due to the lack of objections by the involved parties, the courts typically move consent orders along quickly, with far less cost than if litigation were involved. Put the agreement in writing with specific terms, have both parties sign the agreement, and have the agreement approved by the court and entered as a consent order.
When Does Alimony Terminate Automatically?
North Carolina alimony payments automatically stop when the date specified in the court order arrives, either spouse passes away, or the dependent spouse remarries or begins to cohabitate with another person in a romantic relationship.
North Carolina law defines cohabitation as “the act of two adults dwelling together continuously and habitually in a private heterosexual relationship, even if this relationship is not solemnized by marriage, or a private homosexual relationship.” In one noteworthy North Carolina case, a woman receiving alimony spent virtually every night with her boyfriend—yet the court did not find any cohabitation arrangement because they maintained separate residences.
Never stop payments without court approval, as you may trigger contempt proceedings if you unilaterally reduce or stop alimony payments. Pay on time, even after any modification. Disclose all your financial information, and avoid concealing assets or income.
Get Helpful Information about Alimony Modification at Patrick, Harper & Dixon, LLP
If you need to modify your alimony arrangement in North Carolina, trust our seasoned family law attorneys at Patrick, Harper & Dixon, LLP, to listen and understand your concerns and work diligently to help you achieve your goals. We understand North Carolina’s domestic relations laws and can provide information about pursuing a fair modification based on your changed circumstances.
Our team will dedicate ourselves to protecting your interests and guiding you through the legal process. Don’t wait; contact the alimony modification attorneys at Patrick, Harper & Dixon, LLP today.
