North Carolina · Alimony · Updated Oct 2026

Alimony in North Carolina

Alimony (spousal support) in North Carolina, from the state's own law: when a court can order it, amount and length, how it relates to dividing property and how to ask for it.

Quick answer

A dependent spouse can get alimony from a supporting spouse if it is equitable. If the dependent spouse had illicit sexual behavior during the marriage (before separation), alimony is barred; if the supporting spouse did, alimony must be awarded.

Property division
Equitable distribution
Law
N.C. Gen. Stat. 50-16.3A, 50-11.

When North Carolina courts can order alimony

  • A dependent spouse can get alimony from a supporting spouse if it is equitable.
  • If the dependent spouse had illicit sexual behavior during the marriage (before separation), alimony is barred; if the supporting spouse did, alimony must be awarded.
  • You must ask for alimony (or post-separation support) before the absolute divorce is granted, or you lose the right.

Amount, limits and length

No formula for amount or length.

Law: N.C. Gen. Stat. 50-16.3A, 50-11.

Good to know

  • If you don't file for property division or alimony before the divorce is final, you lose those rights forever. (G.S. 50-11; NC Courts)
  • Marital misconduct matters for alimony: illicit sexual behavior by the dependent spouse bars alimony. (G.S. 50-16.3A)

Alimony and property in North Carolina

Spousal support is a separate question from dividing property and debts.

System
Equitable distribution
The rule
The court divides marital property equally unless it finds an equal split is not fair. Important: you must file a claim for equitable distribution before the divorce is final, or you lose the right forever.

How to ask for alimony in North Carolina

  1. Ask for it in your divorce papers

    You ask for alimony in the divorce case itself, in your petition or in your response to your spouse's petition. Use the court's official divorce forms: Divorce forms (North Carolina courts)

  2. Pay the fee or ask for a waiver

    $225 to file for divorce; plus $30 for sheriff service or about $7 for certified mail; $10 extra to resume your maiden name (NC Divorce Packet, April 2026). Can't afford it? Petition to Proceed as an Indigent (form AOC-G-106) and, if asked, Civil Affidavit of Indigency (in the NC Divorce Packet).

  3. Agree, or let the judge decide

    If you and your spouse agree, put it in your written agreement; if not, the judge decides. Required for disputed child custody and visitation where a court custody mediation program exists, unless the court waives it (e.g., for domestic violence).

  4. Get it in the final decree

    Spousal support is ordered in the decree. Get a certified copy and keep it.

Questions about alimony in North Carolina

How does alimony work in North Carolina?

A dependent spouse can get alimony from a supporting spouse if it is equitable. If the dependent spouse had illicit sexual behavior during the marriage (before separation), alimony is barred; if the supporting spouse did, alimony must be awarded. No formula for amount or length. You must ask for alimony (or post-separation support) before the absolute divorce is granted, or you lose the right.

How much alimony is paid in North Carolina, and for how long?

No formula for amount or length.

Is North Carolina a community property state?

No. North Carolina uses equitable distribution. The court divides marital property equally unless it finds an equal split is not fair. Important: you must file a claim for equitable distribution before the divorce is final, or you lose the right forever.

More about divorce in North Carolina

Alimony in nearby states

Sources

Last checked: Oct 24, 2026.