Alimony and Spousal Support in North Carolina

The court awards alimony to a dependent spouse if the other is a supporting spouse and an award is equitable. A dependent spouse who committed illicit sexual behavior during the marriage (before or on the separation date) is barred from alimony, and if the supporting spouse did so, alimony must be ordered (if both did, it is discretionary). Amount and duration are discretionary and may be for a set or indefinite term; factors include marital misconduct, earnings and earning capacity, age and health, length of the marriage, contributions to the other's education, child custody responsibilities, standard of living, assets and debts, homemaker contributions, needs, and tax effects.

North Carolina uses equitable distribution. Marital property (acquired by either spouse during the marriage and before separation, including pensions and retirement benefits) and divisible property are divided equally unless the court finds an equal division is not equitable. Separate property includes property acquired before marriage and property received by inheritance or gift during the marriage (gifts from the other spouse are separate only if that intent is stated in writing).