Can You Modify an Alimony Order In North Carolina?

In North Carolina, alimony can be paid in one lump sum, or in periodic payments. When payments are periodic, they usually last until the recipient of the alimony remarries, begins living with a new partner, or dies, or until a specific time outlined by the divorce decree. The North Carolina family courts consider a variety of factors including the length of the marriage, each spouse’s health, the standard of living of the spouses and the ability of the spouse paying support to support themselves in deciding how much spousal support to award.

North Carolina statute §50-16.9 states that alimony orders and postseparation support orders can be modified or even vacated if there is a change in circumstances. Modification is a two-way street. The spouse who is paying support can seek to reduce the spousal support order. The spouse who is receiving support can also ask that the alimony order be increased.

Spouses can always agree between themselves to modify an alimony award, though they cannot implement their changes on their own. They should work with legal counsel to ensure their new agreement is presented to the court, and made part of the final order. This way, neither spouse can be held in contempt of court for violating an order.

A change in circumstances leading to spousal support modification

Family court judges don’t want spouses running into court every time there’s a minor change in circumstances. To request a modification of a spousal support order, the change in circumstances should be substantial. Examples of substantial changes, for either spouse, include:

• A change in the health of either spouse. A spouse who is paying support can seek to reduce alimony payments if they become ill and can’t work. Likewise, the spouse receiving alimony may ask for more if they become so sick that they need additional medical and financial assistance.
• A change in income. If the payor spouse legitimately loses a job, he/she can seek a reduction. If the person receiving spousal support does obtain a good-paying job, the payor spouse can seek to reduce the alimony payments.

Modification of a support order may not be allowed if:

• The changes in circumstances were contemplated when the original order was entered. For example, if a husband agreed to pay alimony knowing he would be retiring soon, he can’t ask for a reduction when he does retire.
• The alimony award was tied into the property division settlement.
• A payor spouse can’t quit their job or intentionally reduce their income just to modify the alimony award.

Generally speaking, a lump sum payment cannot be subjected to modification: first, because the lump sum payment is made as part of the overall divorce and property division agreement, and second, because that payment has already been made.

Talk with an experienced Charlotte divorce lawyer about all your rights and options, including those concerning alimony. At Epperson Law Group, PLLC, we understand when judges will consider changes in your life to be substantial and when the judge will likely rule that the current order should stay in effect. To make an appointment in our Charlotte, Boone or Weddington office, call 704-321-0031 or complete our contact page.