Alimony & Postseparation Support

The law allows spousal support for the dependent spouse.

Postseparation support is considered to be temporary support during the separation period of a marriage. Before the divorce becomes final, permanent alimony must be requested and/or agreed to in writing or you could lose your right to request this.

Several years ago the State Legislature eliminated the requirement of fault as a necessary criteria to ask for spousal support.

The court can take fault into consideration when determining the right to support, but it is no longer a necessary element.Fault such as adultery can be a bar to alimony for the person requesting the alimony.

Legally, alimony can be paid until death or remarriage but many times today is given or agreed to on a more limited basis.

You are strongly encouraged to seek the advise of an attorney before you sign any type of domestic agreement or file for divorce so as to not lose valuable rights.

• North Carolina Bar Association - Divorce and Separation (pdf)
  03-24-2005
• Wake County Domestic Court Rules

North Carolina General Statutes

The following are some of the statutes as they relate to Alimony and Postseparation Support:

• Postseparation Support
  03-24-2005
• Definitions as they relate to Support and Alimony
  03-24-2005
• Alimony
  03-24-2005
• Attorney's Fees for Postseparation Support and Alimony
  03-24-2005
• Attorney's Fees Barred for Postseparation Support and Alimony
  03-24-2005
• How Alimony and Postseparation Support is Paid
  03-24-2005
• Procedure for Postseparation Support
  03-24-2005
• Modification of Order
  03-24-2005

This is general information about Alimony and is not intended to be a substitute for legal advice as it relates to your particular situation. Consult with our office to discuss how your particular facts relate to the law.