Modifying Spousal Support: What Factors Are Considered?
Spousal support, commonly referred to as alimony, is a court-ordered payment from one spouse to another to provide financial assistance following a separation or divorce.
In North Carolina, alimony is governed by state statutes, specifically North Carolina General Statutes § 50-16.1A et seq., and is designed to address financial disparities between spouses after the dissolution of a marriage.
However, circumstances may change after an alimony order is issued, prompting one or both parties to seek a modification. Modifying spousal support isn’t automatic and requires a careful examination of various factors by the court.
Below explores the laws, requirements, and factors considered when modifying spousal support in North Carolina, providing a comprehensive guide for those traversing this process. Contact our divorce attorney at Ward Family Law Group in Cary, North Carolina, for assistance.
Laws Involving Alimony in North Carolina
Before getting into modification, it’s essential to understand the foundation of alimony in North Carolina. Alimony may be awarded to a dependent spouse who lacks sufficient income or assets to maintain the standard of living established during the marriage.
The court considers several factors when determining an initial alimony award, including the spouses’ incomes, earning capacities, financial needs, marital misconduct, and the duration of the marriage. Alimony can be temporary, permanent, or awarded as a lump sum, depending on the circumstances.
Once an alimony order is in place, it remains effective unless modified or terminated by the court. Modification is governed by North Carolina General Statutes § 50-16.9, which allows the court to alter or terminate alimony based on a “showing of changed circumstances” by either party.
Requirements for Modifying Spousal Support
The court won’t entertain frivolous or minor requests; the change must be significant and material.
Additionally, the change in circumstances must have occurred after the original alimony order was issued. The court won’t revisit the original decision or consider factors that were known or anticipated at the time of the initial award unless they have materially altered.
For example, a temporary job loss that was resolved before the modification hearing would likely not qualify as a substantial change.
The burden of proof lies with the moving party, who must present evidence to support their claim. This may include financial records, employment documents, medical records, or other relevant materials.
The court will hold a hearing to evaluate the evidence and determine whether modification is warranted.
Factors Considered in Modifying Spousal Support
When evaluating a motion to modify spousal support, North Carolina courts consider a range of factors to assess whether the changed circumstances justify altering the alimony order.
Below are the primary factors considered:
Change in Income or Earning Capacity
One of the most common reasons for seeking a modification is a change in the income or earning capacity of either spouse. For the supporting spouse, a significant reduction in income, such as job loss, demotion, or forced retirement, may warrant a decrease in alimony payments.
Conversely, an increase in the dependent spouse’s income, such as securing a higher-paying job or receiving an inheritance, may justify a reduction or termination of alimony.
The court will examine whether the change is involuntary and substantial. For example, a supporting spouse who voluntarily quits a high-paying job to pursue a lower-paying career may not succeed in obtaining a modification, as courts typically disfavor self-imposed reductions in income.
Similarly, the dependent spouse’s earning capacity is scrutinized. If they have acquired new skills or education that enhance their ability to earn, the court may reduce alimony, particularly if the original award was rehabilitative in nature.
Change in Financial Needs
Changes in the financial needs of either spouse can also prompt modification. For the dependent spouse, increased expenses—such as medical costs, housing expenses, or childcare responsibilities—may justify an increase in alimony.
Conversely, a decrease in expenses, such as paying off a mortgage or receiving financial support from another source, may lead to a reduction.
The court evaluates whether these changes are reasonable and necessary. For instance, elective or extravagant expenses, such as luxury purchases, are unlikely to support a request for increased alimony.
The court may also consider whether the dependent spouse has made efforts to become self-supporting, as this is a key factor in rehabilitative alimony cases.
Health and Medical Conditions
A significant change in the health of either spouse can impact their financial situation and justify modification. For the dependent spouse, a new or worsening medical condition that increases expenses or limits their ability to work may warrant an increase in alimony.
For the supporting spouse, a health issue that reduces their earning capacity or increases their medical expenses may support a request to decrease payments.
Medical evidence, such as doctors’ reports or hospital records, is critical in these cases. The court will assess the severity of the condition, its impact on the spouse’s financial situation, and whether it’s temporary or permanent.
Cohabitation or Remarriage
In North Carolina, cohabitation or remarriage by the dependent spouse is a significant factor in modifying or terminating alimony. Under N.C. Gen. Stat. § 50-16.9(b), cohabitation—defined as the dependent spouse living with another person in a relationship resembling marriage—automatically terminates the supporting spouse’s alimony obligation.
The court examines factors such as shared living expenses, joint financial accounts, and the nature of the relationship to determine cohabitation.
Remarriage of the dependent spouse also terminates alimony unless the original order specifies otherwise. The supporting spouse must provide evidence of the remarriage or cohabitation.
Economic Conditions
Broader economic changes, such as inflation, deflation, or a recession, may affect the financial circumstances of either spouse. For example, a significant increase in the cost of living may justify an increase in alimony to maintain the dependent spouse’s standard of living. Conversely, economic hardship affecting the supporting spouse’s industry may support a reduction.
The court will consider whether the economic changes are widespread and beyond the control of the parties. Temporary fluctuations are less likely to warrant modification than sustained economic shifts.
Duration of Alimony
The duration of the original alimony award may influence modification decisions. The court may be less inclined to extend payments if the spouse hasn’t made reasonable efforts to achieve financial independence.
For permanent alimony, the court may be more open to modification if the dependent spouse’s circumstances have changed significantly.
Other Relevant Circumstances
North Carolina courts have broad discretion to consider “any other factor relating to the economic circumstances of the parties” that the court deems just and proper (N.C. Gen. Stat. § 50-16.3A).
This catch-all provision allows judges to account for unique or case-specific factors, such as unexpected financial windfalls, changes in child custody arrangements, or relocation to a higher-cost area.
For assistance understanding these factors, contact our divorce attorney at Ward Family Law Group.
Procedural Considerations
Filing a motion to modify spousal support requires adherence to North Carolina’s procedural rules. The moving party must serve the motion on the other spouse, who has the opportunity to respond and present evidence.
During the hearing, both parties may present testimony, financial affidavits, and other evidence. The judge will evaluate the evidence in light of the statutory factors and issue a ruling. The court’s decision may increase, decrease, or terminate alimony, or it may deny the motion if the change in circumstances isn’t substantial.
Either party may appeal the court’s decision if they believe it was based on legal error or an abuse of discretion. However, appeals are costly and time-consuming, so many parties opt to negotiate modifications through mediation or settlement agreements. Working with a divorce attorney can help minimize the chance of a legal error occurring.
Contact a Divorce Attorney
The court considers a variety of factors, including changes in income, financial needs, health, cohabitation, and economic conditions, to confirm that alimony remains fair. Contact our divorce attorney at Ward Family Law Group for assistance. Our office in Cary, North Carolina, serves Wake County, Durham County, Chatham County, Franklin County, Johnston County, and Orange County. Our office in Wake Forest, North Carolina serves the North Raleigh, Youngsville, Rolesville, Louisburg, and Zebulon areas. Call today.
