How to Avoid Paying Alimony in North Carolina? 2025

When a couple seeks divorce, there are a number of financial factors that must be sorted out, including who pays child support, how the assets and property will be divided, and who pays alimony. Alimony can be expensive and inconvenient, depending on the circumstances of the marriage. Some people may want to know how to avoid paying alimony in North Carolina.

What Is Alimony?

Alimony, or spousal support, is the court ordered support one spouse pays the other after a divorce. While either spouse may request alimony, it is usually awarded to the financially dependent spouse and is based on several factors. A dependent spouse is a husband, wife, or partner who was financially dependent on their spouse throughout the marriage.

How Is Alimony Determined in NC?

The amount, duration, and manner of alimony payments are determined at the discretion of the court. Some of the factors considered when determining alimony include, but are not limited to, the following:

• The earnings and earning capacities of each spouse – This factor is often used to determine which spouse is dependent and which is supporting. It may also be used to determine the amount of the alimony payments.
• The duration of the marriage – Though not an absolute rule, longer marriages often result in longer alimony payments, while shorter marriages could mean denial of alimony in some cases.
• Child custody and support arrangements – Child support is considered a debt that can impact the earnings of one or more of the spouses. This is factored in the amount of alimony ordered.
• Marital misconduct – Marital misconduct can include affairs or extramarital relationships, abandonment, kicking a spouse out of the marital home, drug and alcohol abuse, or cruel treatment. While marital misconduct that occurred during the marriage is typically considered in alimony decisions, post-separation misconduct may also be relevant in certain cases, such as when it impacts the financial needs or circumstances of the dependent spouse.
• Homemaker status – Sometimes, one spouse serves as the homemaker, managing the care, maintenance, and upkeep of the home while the other spouse contributes financially. If one spouse was a homemaker, this is a contribution that may be considered when determining alimony payments.

It is important to discuss these and other factors with your lawyer to decide if you are likely to pay alimony as well as the amount you may be required to pay.

How Do I Avoid Paying Alimony in NC?

Getting out of paying alimony in North Carolina is possible but not always guaranteed. At Lancaster & St. Louis, we can discuss your options and walk you through the legal process for avoiding paying alimony. Perhaps the easiest way to avoid paying is to specify this in a prenuptial agreement. In your prenuptial agreement, you can specify that neither you nor your spouse is obligated to pay alimony in the event of a divorce.

The purpose of alimony is to provide a fair way for the dependent spouse to resume their same standard of living after marriage. If one spouse depended on the other financially throughout the marriage, it is presumed fair that they may still need their support once the marriage ends. Therefore, if that spouse remarries or even cohabits with a new partner, then the previous spouse may no longer be required to make alimony payments. This also applies if the spouse passes away.

Finally, you may avoid paying alimony if you can prove your ex-spouse was responsible for the breakdown of the marriage. For instance, if your ex-spouse engaged in illicit sexual behavior, or if they were cruel, abusive, or abused substances, this may sway the judge to deny their alimony request. It is important to have evidence that proves marital misconduct to increase your chances of avoiding alimony payments.

Because a judge decides alimony payments and arrangements, the motion to avoid paying alimony must also be determined by a judge. This is why hiring an alimony lawyer may prove invaluable to ensure your case’s success. Your lawyer can help you gather evidence for your case and serve as a consultant for any questions you may have throughout the process.

FAQs

Q: How to Avoid paying in NC?

A: There are several ways to potentially avoid paying in NC, including writing a provision in a prenuptial agreement or proving marital misconduct. If your former spouse remarries or cohabits with a new partner, you may no longer be obligated to pay alimony. While the judge makes the final decision on whether alimony is approved or denied, your lawyer can walk you through the process and increase your chances of success.

Q: What Disqualifies a Spouse From Receiving Alimony in NC?

A: There are several reasons a former spouse may be disqualified from receiving alimony in North Carolina. For one, if they committed adultery during the marriage, they may be disqualified from receiving alimony. If they engaged in marital misconduct, such as domestic violence, drug and alcohol abuse, or mishandling of marital property, they may also be disqualified from receiving alimony.

Q: Can Alimony Payments Be Modified Post Separation?

A: Yes, alimony payments may be modified post separation whether both parties come to an agreement or not. While it is beneficial to have both parties present a post-divorce modification agreement to the court, you can have alimony payments modified if there is a significant change in circumstances, such as a loss of income. This motion must be filed with the court using formal paperwork. Your lawyer can help you through the process.

Q: Does a Husband Have to Support His Wife During a Separation in NC?

A: No, a husband does not always have to support his wife during a separation in NC. Spousal support is not determined by the gender of the spouses but by who the dependent spouse is and who the supporting spouse is. Typically, the higher-earning spouse must pay alimony if it is deemed fair and equitable by the court. Alimony payments are reviewed and determined on a case-by-case basis.

We Are Here to Help at Lancaster and St. Louis

At Lancaster and St. Louis, PLLC, we take a fresh approach to the litigation process, offering our clients tailored services and accessibility. We have years of experience helping our clients navigate the divorce process, including how to avoid paying alimony if it is legal and reasonable. If you are fighting an alimony case, contact our lawyers today to help you understand your rights and options.