What Is Alimony?

 

Alimony, also called spousal support in North Carolina, is generally awarded during divorce proceedings to assist a dependent spouse. The State of North Carolina considers a dependent spouse to be one who is substantially dependent on the other spouse for financial support.

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What Are The Different Types Of Alimony?

 

• Post-separation Support - Many other states call this "temporary alimony," post-separation support provides a dependent spouse with financial support during the divorce proceedings.

• Post-separation Alimony - This is granted at the final divorce hearing.

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How Do Judges Determine How Much Alimony A Spouse Receives In North Carolina?

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North Carolina law does not provide a formula for calculating post-separation support or post-separation alimony. Instead, judges will use their best judgment, based on the facts of each case. However, there are certain factors judges must consider. Those factors are different for post-separation support and post separation alimony awarded in a final divorce.

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To determine Post-Separation Support, a judge must base any award after considering all the following factors:

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• the standard of living the couple has had during the marriage

• each spouse's current earnings, as well as their earning abilities

• each spouse's debts, including separate debts and those they owe together

• each spouse's reasonable expenses, and

• any obligations that each spouse has to support someone else (such as a child or spouse from a previous relationship).

 

To determine Post-Separation Alimony, a judge must base any award after considering all the following factors:

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• The marital misconduct of either of the spouses. Nothing shall prevent a court from considering incidents of post date‑of‑separation marital misconduct as corroborating evidence supporting other evidence that marital misconduct occurred during the marriage and prior to date of separation

• The relative earnings and earning capacities of the spouses

• The ages and the physical, mental, and emotional conditions of the spouses

• The amount and sources of earned and unearned income of both spouses, including, but not limited to, earnings, dividends, and benefits such as medical, retirement, insurance, social security, or others

• The duration of the marriage

• The contribution by one spouse to the education, training, or increased earning power of the other spouse

• The extent to which the earning power, expenses, or financial obligations of a spouse will be affected by reason of serving as the custodian of a minor child

• The standard of living of the spouses established during the marriage

• The relative education of the spouses and the time necessary to acquire sufficient education or training to enable the spouse seeking alimony to find employment to meet his or her reasonable economic needs

• The relative assets and liabilities of the spouses and the relative debt service requirements of the spouses, including legal obligations of support

• The property brought to the marriage by either spouse

• The contribution of a spouse as homemaker

• The relative needs of the spouses

• The federal, State, and local tax ramifications of the alimony award

• Any other factor relating to the economic circumstances of the parties that the court finds to be just and proper.

• The fact that income received by either party was previously considered by the court in determining the value of a marital or divisible asset in an equitable distribution of the parties marital or divisible property

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What Does The Law Say About Cheating And Alimony?

 

If the court finds that the dependent spouse participated in an act of illicit sexual behavior, during the marriage and prior to or on the date of separation, the court shall not award alimony. If the court finds that the supporting spouse participated in an act of illicit sexual behavior, during the marriage and prior to or on the date of separation, then the court shall order that alimony be paid to a dependent spouse. If the court finds that the dependent and the supporting spouse each participated in an act of illicit sexual behavior during the marriage and prior to or on the date of separation, then alimony shall be denied or awarded in the discretion of the court after consideration of all the circumstances. Any act of illicit sexual behavior by either party that has been condoned by the other party shall not be considered by the court.

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Besides Cheating, Are There Other Forms Of Marital Misconduct?

 

Yes, the below items are also considered acts of marital misconduct:

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• Abandonment

• Forcing the other spouse out of the marital home

• Reckless spending or wasting, hiding, or destroying assets

• Substance abuse or other "indignities" that make the other spouse's life intolerable, and

• Cruel treatment that endangers the other spouse's life.

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Once Alimony Is Awarded, How Long Does It Last?

 

When a judge awards alimony, the order will state how long any periodic payments or income withholding should last. In most cases, alimony awards are aimed at helping the supported spouse become self-supporting after the divorce. That's one reason the payments typically are short-term, at least relatively speaking. However, after considering all of the factors that go into alimony awards, judges may order indefinite alimony in some cases, especially when a couple has been married a long time and the dependent spouse isn't likely to become fully self-supporting due to advanced age, disability, or other circumstances. Support automatically ends when the spouse dies, remarries or is cohabitating with a new partner.

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What is Cohabitation?

 

Cohabitation means living with another adult continuously and habitually in a relationship that includes sexual relations as well as the type of mutual duties, obligations, and rights that you would normally see in a legal marriage.

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How Does Cohabitation Affect Alimony?

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Under North Carolina law, alimony may be modified or terminated if the dependent spouse engages in cohabitation with a romantic partner. Courts examine whether two adults are living together in a relationship similar to marriage — not simply whether someone stays overnight occasionally. Because courts require credible evidence — not assumptions — professionally documented proof can be critical in modification or termination proceedings.

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Cohabitation generally involves:

• Continuous and habitual living together

• A romantic or intimate relationship

• Shared expenses or financial interdependence

• Representation of the relationship as a couple

 

Why Hire a Private Investigator for Cohabitation?

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Allegations alone are not enough. Judges rely on facts, documentation, and admissible evidence. Our investigations are structured to withstand scrutiny in legal proceedings and support your attorney’s strategy.

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Investigate NC helps clients by:

• Conducting lawful surveillance

• Documenting overnight patterns and routines

• Identifying shared residences and vehicles

• Gathering photographic and video evidence

• Performing background and address research

• Providing detailed investigative reports suitable for court

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Protecting Your Financial Interests

 

Alimony payments can represent a substantial long-term financial obligation. In many cases, a well-documented investigation saves significantly more than it costs. Investing in a professional investigation may:

• Prevent years of unnecessary payments

• Strengthen your legal position

• Provide leverage during negotiations

• Reduce litigation costs through clear evidence

 

Why Clients Across the Triangle Trust Investigate NC

 

When dealing with sensitive matters like alimony and cohabitation, discretion is essential. We understand that these situations are personal. Every case is handled with professionalism, integrity, and attention to detail.

 

We operate with:

• Strict confidentiality

• Professional surveillance techniques

• Clear communication

• Detailed documentation

• Respect for your privacy and reputation

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What to Expect When You Contact Us

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• Confidential Consultation – We discuss your situation and determine whats appropriate for your unique situation

• Strategic Planning – We design a customized investigative approach based on your goals and budge

• Professional Surveillance & Documentation – Evidence is collected lawfully and ethically

• Comprehensive Reporting – You receive organized documentation suitable for your attorney and court proceedings.

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Our Service Areas

 

If your former spouse has relocated within the region, we can adapt our strategy accordingly. We proudly serve clients throughout:

• Raleigh

• Durham

• Chapel Hill

• Research Triangle Park (RTP)

• Wake County

• Durham County

• Johnston County

• Wilson County

• Orange County

• Cumberland County

• Statewide service availble upon request