Termination of North Carolina Alimony

When you and your spouse separate, you may be court-ordered to pay alimony, or you may agree to pay alimony because you have been the “supporting spouse” throughout your marriage and the “dependent spouse” needs financial support due to their years out of the workforce, age, or the spouse’s contribution as a stay-at-home parent during the marriage, among other factors. But are you destined to pay alimony forever? Not necessarily. Today’s blog post explores the various ways alimony in North Carolina can be terminated.

The termination of alimony depends upon the alimony terms as set forth in your separation agreement or court order, so always reference your own order or agreement first to determine when alimony can terminate for you. In a separation agreement, your contract terms provide for the duration of alimony and the circumstances under which it will terminate. Alimony may continue indefinitely unless otherwise detailed within the separation agreement.

North Carolina General Statutes § 50-16.9 states that alimony terminates upon the death of either former spouse, upon the remarriage of the dependent spouse, or the cohabitation of the dependent spouse.

1. Death of either spouse. If either the dependent spouse or supporting spouse dies, alimony will terminate. A dead person cannot receive, nor can they pay spousal support! If death of a spouse is a concern due to the age or health, you may consider negotiating a larger cut of the marital assets awarded in equitable distribution rather than monthly alimony payments as support.

2. Dependent spouse remarries. Alimony automatically terminates on the date a former dependent spouse remarries. If a former dependent spouse remarries, they are now receiving the marital rights, duties, and obligations that are awarded through marriage with their new spouse, and have no need for alimony payments from their prior spouse.

3. Cohabitation with a new partner by the dependent spouse. Cohabitation is defined as the following: “Cohabitation means 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. Cohabitation is evidenced by the voluntary mutual assumption of those marital rights, duties, and obligations which are usually manifested by married people, and which include, but are not necessarily dependent on, sexual relations.” Sex alone or spending the night at a significant other’s house is not sufficient to prove cohabitation. It must be more than just occasionally spending the night with someone.

Sharing utility bills, buying a house or car together, having both the dependent spouse’s and new significant other’s names on a joint lease or mortgage, or officially sharing a mailing address are all evidence of cohabitation. Cohabitation can be difficult to prove without the involvement of a private investigator or some other way to obtain evidence of the cohabitation, which is required to terminate alimony. It is often necessary to hire a private investigator to gather evidence of cohabitation, but make sure you consult with your divorce attorney first to ensure the situation is handled properly.

4. Resumption of Marital Relations (or Cohabitation with your Spouse). The resumption of marital relations or engaging in consistent sexual encounters with your ex-spouse can terminate alimony. The resumption of marital relations is defined in North Carolina General Statutes § 52-10.2, which states that resumption of marital relations is a voluntary renewal of the husband-and-wife relationship, as shown by the totality of the circumstances.  Isolated incidents of sexual intercourse between the parties do not typically constitute the resumption of marital relations. 

5. Alimony Expiration Date or Termination by Contract. In some cases, alimony orders dictate periodic payments over a set amount of time. Your alimony obligation would automatically terminate on the agreed-upon date. For example, in North Carolina, alimony is often agreed to or ordered by a court for approximately half the length of a marriage.

6. Voluntarily Termination of Alimony. Spouses agree that alimony payments will terminate at a certain time, like when a lower-earning spouse graduates from college, finishes a graduate degree, or obtains full-time employment. At any time after separation or divorce, the former spouses can agree that alimony payments are no longer necessary. The former spouses should execute an Amendment to their Separation Agreement or a Consent Order to Terminate Alimony submitted to the Court to officially terminate alimony.

​If you have questions about terminating your alimony, please schedule a consultation by clicking the button below.  
 

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