Life doesn’t always stay the same after divorce. Jobs change, health declines, or financial circumstances shift. When that happens, one or both spouses may wonder whether spousal support (alimony) can be modified.
In North Carolina, courts allow changes to spousal support under certain circumstances. Here’s what you need to know about when alimony can be increased, decreased, or terminated.
Types of Spousal Support in North Carolina
Before discussing modifications, it’s important to understand the two main types of support:
- Post-separation support – Temporary support ordered after separation and before the divorce is finalized.
- Alimony – Ongoing support awarded after divorce, which may be temporary or long-term depending on the circumstances.
Both types of support can sometimes be modified, but the rules differ.
When Can Spousal Support Be Modified?
Substantial Change in Circumstances
Under N.C. Gen. Stat. § 50-16.9, a court may modify alimony if either party shows a substantial change in circumstances since the last order. Examples include:
- Loss of employment or significant reduction in income
- Increase in income of either spouse
- Major health problems or disability
- Increase in the receiving spouse’s financial needs
- Cohabitation or remarriage of the receiving spouse
Duration of Support
- Post-separation support: Ends when the court enters an alimony order, the divorce is finalized, or circumstances change significantly.
- Alimony: Can last for a set term or, in some cases, indefinitely. Modification depends on the specific order and statutory rules.
When Spousal Support Ends Automatically
Some events automatically terminate alimony in North Carolina:
- Remarriage of the dependent spouse
- Cohabitation (living with a new partner in a marriage-like relationship)
- Death of either spouse
These do not require a separate court order—the obligation ends by law.
How to Request a Modification
If you believe circumstances have changed, you must:
- File a Motion to Modify Alimony in the court that issued the original order.
- Provide evidence of the change in circumstances (such as tax returns, medical records, or employment documents).
- Attend a hearing, where the judge will decide whether to grant the modification.
Can Spousal Support Be Non-Modifiable?
Yes. In some divorce settlements, spouses agree that alimony is non-modifiable. If the court approves that agreement, neither spouse can later request a change, regardless of circumstances. It’s important to review your divorce order or settlement agreement to know your rights.
Why Legal Representation Matters
Seeking or contesting a modification requires strong evidence and careful presentation. An attorney can:
- Determine if your situation qualifies as a substantial change
- Gather financial and legal documents to support your case
- Represent you in negotiations or court hearings
- Protect you from unfair modifications or premature termination of support
Key Takeaways
- Spousal support in NC can be modified if there is a substantial change in circumstances.
- Changes may include job loss, income changes, health problems, or cohabitation.
- Alimony ends automatically upon remarriage, cohabitation, or death.
- Some alimony agreements are non-modifiable—check your divorce order carefully.
- An attorney can help you file or defend against a modification motion.
If you need to modify or contest spousal support in North Carolina, the outcome can significantly impact your financial future. At Martine Law, our family law attorneys will guide you through the process and fight for a fair result.
Contact us today for a confidential consultation: Martine Law Contact Page.