Termination of Alimony in North Carolina

Are you divorced or getting divorced in North Carolina and wondering how long alimony could last? Whether you’re receiving or making payments, it’s natural to ask, “Can alimony be stopped?”

An alimony lawyer from Charles R. Ullman & Associates can walk you through your options, explain what North Carolina law says, and help you protect your financial future. Contact our firm today to learn more in an initial consultation.

Common Grounds for Termination of Alimony

Just because a judge orders alimony (spousal support) in North Carolina doesn’t mean the payments will last forever. Alimony can and does end early under certain circumstances. Here are the most common reasons for the termination of alimony in North Carolina:

• Remarriage of the dependent spouse – If the spouse receiving alimony gets married again, the other spouse can stop paying alimony.
• Cohabitation – If the dependent spouse moves in with a new partner and they live together like a married couple, a judge can stop the alimony, even if the new partners don’t marry.
• Death of either spouse – Alimony always ends immediately if either the person paying or the person receiving it dies.
• Court order following changed circumstances – A judge could terminate alimony if something important changes, like a significant change in either party’s income.
• Fraud or misrepresentation – If the court learns that either party lied or hid important facts when alimony was first ordered, a judge could cancel the agreement.
• Voluntary resumption of marital relations – If a couple gets back together, the court will terminate their alimony order.

Types of Alimony and Their Impact on Termination

North Carolina courts can award both post-separation support and alimony. Post-separation support requires short-term payments after separation but before a final alimony decision. This type of support ends earlier and more easily, typically when the court rules on the alimony claim or the divorce becomes final. However, post-separation support can also be ended for the same reasons as alimony.

Alimony, on the other hand, is a longer-term arrangement. It can last for a set number of years or continue until a major event takes place. There are two different ways of paying alimony:

• Lump-sum alimony involves a one-time payment, which doesn’t continue or require a termination.
• Periodic alimony involves regular payments, which courts can terminate early if a significant change occurs.

If the court sets a specific term for periodic alimony, such as five years, the payments end when that period runs out with no action required. However, some alimony arrangements are set up indefinitely – unless something changes.

Legal Process to Terminate Alimony

You must file a formal motion to ask the court to end alimony obligations in North Carolina. In this motion, you must show that something significant has changed since the original order. Common examples of substantial changes include a new marriage, cohabitation, or a big shift in income.

After you file, the court will schedule a hearing where both sides can present evidence. You’ll need to prove the change with solid evidence, such as financial records or witness statements. If you claim cohabitation, you might need to show proof of shared living arrangements, joint expenses, or other signs of a romantic relationship.

The judge will listen to both sides and decide whether to change or end the alimony. If the court agrees that the change justifies ending support, it will issue a new order.

The termination process takes time and requires strong proof. A lawyer can guide you every step of the way and help you build a clear, honest case.

Proving a Change in Circumstances

If you want to end alimony in North Carolina, you’ll need to prove that something major has changed since the court issued the original order. A lawyer can help you determine what counts as a valid change and gather the evidence you need. This might include evidence of your ex moving in with a new partner or becoming financially independent. In other cases, you may need to establish that your financial situation has significantly changed and you can no longer afford the alimony payments.

Your attorney can help you collect records and prepare statements. For example, if cohabitation is the issue, they might gather a shared lease, photos, utility bills, or bank statements showing shared expenses. If the change involves income, your lawyer could use tax records, pay stubs, or job offer letters.

You’ll need to present this information clearly in court. A lawyer will know what judges look for and how to effectively show your side of the story.

Can Alimony Be Reinstated After Termination?

In most cases, once a court terminates alimony in North Carolina, it can’t be reinstated. The law treats termination as final unless both people agree to start it again or the court finds a legal reason to reverse the order. That’s rare, but it can happen. For example, a court might reverse a termination order if someone gave false information or left out key facts during the legal process.

If the court didn’t follow the proper legal steps or someone filed fake documents, a judge may reopen the case. But that’s very different from just asking to restart alimony because of new financial needs.

If you’re thinking about trying to reinstate alimony in North Carolina, talk to a lawyer first. They can look at your case and explain whether the law might allow you to ask for more support. They can also help you determine whether you need to file a new claim or bring your old case back to court.

How a Family Law Attorney Can Help

Choosing the right law firm matters. When people come to Charles R. Ullman & Associates for help, they often describe feeling a sense of relief. One client put it this way:

“Going through a divorce is never easy especially when you have children. When I came to Charles practice that first day I automatically felt a sense of comfort and that everything was going to be okay.” – Sara Baker

Still have questions about alimony termination in North Carolina? Talk to a family law firm that focuses exclusively on cases like yours. Charles R. Ullman & Associates has spent more than 25 years helping people across North Carolina through the toughest family law matters – and we’re here to help you, too. Call (919) 829-1006 today for an initial consultation session with our attentive team.

About Charles R. Ullman & Associates

Charles Ullman & Associates provides you respected, experienced and knowledgeable divorce and family law attorneys. You can trust us to help you through the legal process efficiently and effectively so you can transition to the next phase of your life. Our community involvement reaches beyond charitable support of important causes. We launched our own movement in Fraternities4Family and provide scholarships to able students in need.