Modifying Alimony in North Carolina

In North Carolina, alimony may be awarded to a dependent spouse pursuant to divorce. Once an order for alimony is entered, it may be modified or vacated at any time upon a showing of changed circumstances by either party.

In North Carolina, the termination of alimony may be made if a dependent spouse remarries or engages in cohabitation. NCGS 50-16.9(b) states that “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.”

The statute continues to state that “[c]ohabitation 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.”

What does this mean? It means that once an order for alimony has been entered in North Carolina, it may either (1) be modified upon a showing of a substantial change in circumstances, or (2) terminated upon the remarriage or cohabitation of the dependent spouse. Thus, if the dependent spouse begins living with another person, any alimony they receive may be terminated.

If you would like to speak to an alimony lawyer about modifying or terminating alimony in Huntersville NC or the greater Charlotte area, please contact Adkins Law PLLC. Adkins Law is located in Huntersville NC and primarily serves Huntersville NC, Cornelius NC, Davidson NC, Denver NC, Charlotte NC, Mecklenburg County, Iredell County, Gaston County, Cabarrus County, and the Lake Norman area. Please contact Adkins Law today to speak with an alimony lawyer in Huntersville NC.