Can I Modify Alimony in Charlotte, NC?

Alimony—sometimes called spousal support—is financial assistance paid by one spouse to the other after separation or divorce. In North Carolina, alimony is meant to help the dependent spouse maintain a standard of living reasonably close to what they enjoyed during the marriage, while recognizing the paying spouse’s ability to provide that support.

Life, however, doesn’t stand still after a divorce. A job loss, a significant change in income, a serious health condition, or even retirement can dramatically shift someone’s financial picture. The same is true if the spouse receiving support remarries or begins living with a new partner. In these situations, it’s natural to wonder: Can my alimony order be adjusted?

In North Carolina, alimony is not automatically changeable. Even if both parties agree that circumstances have changed, the law requires specific legal grounds to justify a modification—and in most cases, court approval is necessary to make any changes enforceable. Without following the proper legal process, you risk violating the original court order, which can lead to serious legal and financial consequences.

Alimony Laws in North Carolina

N.C. Gen. Stat. § 50-16.9 (Modification of Alimony)

North Carolina allows a court to modify or terminate an existing alimony order if, after the order was entered, there’s been a substantial change in circumstances affecting either party’s ability to pay or need for support. Either party can file a motion asking the court to review the order, but the moving party must prove the change is significant and ongoing—not a short-term blip.

The statute also spells out automatic “end points” for alimony ordered by a court:

• Death of either party;
• Remarriage of the dependent (recipient) spouse; or
• Cohabitation by the dependent spouse with a new partner in a marriage-like relationship.

Unless your order or agreement clearly says otherwise, those events typically end alimony without a separate court ruling.

Post-Separation Support vs. Alimony

North Carolina recognizes two different types of spousal support:

• Post-Separation Support (PSS):
  Think of PSS as temporary support to keep the lights on while your case is pending. It’s based on short-term need and the other spouse’s ability to pay. PSS can be modified if circumstances shift, and it usually ends automatically when the court enters a final alimony ruling, the claim is resolved, or a deadline in the order arrives.
• Alimony (Final Support):
  This is the longer-term spousal support awarded as part of (or after) the divorce. It looks at broader factors—like the length of the marriage, each spouse’s income and expenses, health, earning capacities, and marital misconduct. Alimony is the order most people seek to modify under § 50-16.9 when life changes after the divorce.

Who Can Request a Modification?

Either spouse may ask the court to review and modify an existing court-ordered alimony award:

• The payor can seek a decrease, suspension, or termination (for example, due to job loss, disability, or the recipient’s cohabitation).
• The recipient can seek an increase (for example, after a medical setback or the payor’s higher income).
• If both sides agree, they can submit a consent modification for the judge to approve, making the change enforceable.

If your support is controlled by a non-incorporated separation agreement, you’ll typically need a mutual, written amendment—or strategic advice on how to proceed—because the court may not have authority to change the contract terms.

Grounds for Modifying Alimony

In North Carolina, you don’t get a do-over just because life feels different—you need a substantial change in circumstances that arose after the original order. Here are the most common grounds and how courts look at them.

What can count as a “substantial change”?

• Significant income shift (up or down)
  
  • A meaningful raise, promotion, loss of hours, business downturn, or reduced commissions/bonuses can qualify.
  • Courts focus on ability to pay (for the payor) and present need (for the recipient), not minor, temporary fluctuations.
  • Voluntarily cutting your income (e.g., quitting a job without good reason) usually won’t help.
• Job loss or involuntary job change
  
  • Layoffs, company closures, or demotions outside your control are classic reasons to seek relief.
  • Be ready to show a good-faith job search and updated earnings—judges want to see effort, not just hardship.
• Serious health problems impacting ability to earn
  
  • New or worsening medical conditions that limit work capacity can support modification for either spouse.
  • Medical records, physician letters, disability determinations, and proof of added expenses are key.
• Retirement
  
  • Mandatory or age-appropriate retirement made in good faith can justify reducing or ending support.
  • Early or elective retirement gets extra scrutiny. The court considers age, health, work history, timing, and whether the decision is reasonable versus a strategy to avoid paying support.
• Remarriage or cohabitation of the recipient
  
  • For court-ordered alimony, the recipient’s remarriage typically terminates alimony by law.
  • Cohabitation (a sustained, marriage-like relationship with financial and household interdependence) can also terminate alimony. It’s more than just having a roommate—judges look for shared residence, pooled expenses, and a romantic partnership.
  • If your support is set by a private, non-incorporated separation agreement, check the contract—termination rules follow the agreement’s language.

How does the court decide if the change is “substantial” and “ongoing”?

Judges balance the payor’s ability to pay against the recipient’s current need, asking:

• Magnitude: Is the change big enough to materially alter need or ability (think substantial percentage or dollar change, not a blip)?
• Permanence: Is it ongoing or reasonably expected to last (not just a slow quarter or short recovery period)?
• Good faith: Was the change voluntary or strategic (e.g., underemployment by choice) versus unavoidable and reasonable?
• Foreseeability: Was the change anticipated when the original order was entered? If it was already baked into the original decision, modification is less likely.
• Complete, current financials: Updated affidavits, tax returns, pay stubs, benefits statements, medical documentation, and proof of expenses carry the day.

When Modification Is Not Allowed

Even when life changes, some alimony setups in North Carolina simply aren’t open to revision. Here are the most common roadblocks:

Fixed-term alimony that’s expressly “non-modifiable”

If you and your former spouse signed a separation agreement that sets alimony for a fixed term and clearly states it’s non-modifiable, that language usually controls. When an agreement is not incorporated into a court order, it’s treated like a contract—the court generally can’t change it later, even if circumstances shift. (You can still negotiate a written amendment, but that takes both parties’ consent.)

Note: If the agreement was incorporated into a court order (often called a consent order), it typically takes on the character of a court order and is potentially modifiable under North Carolina law. Parties can limit modification by contract when the agreement stays private (non-incorporated), but they can’t usually strip the court of its statutory power to modify a court order.

Agreements that waive modification (or waive alimony altogether)

Some separation agreements include a waiver of alimony or a clear waiver of any future modification. If that agreement remains non-incorporated, the waiver is generally enforceable, and the court won’t reopen the issue later. If alimony was waived, there may be no claim to modify down the road.

Expired or terminated alimony

Once an alimony obligation ends, courts won’t revive it:

• The term has run out (the ordered end date passed);
• The dependent spouse remarries;
• The dependent spouse cohabits in a marriage-like relationship (for court-ordered alimony); or
• Either party dies.

In these situations, the obligation is over. You can’t “restart” alimony based on new circumstances that arise after termination.

Take the Next Step: Speak with a Charlotte Alimony Attorney

Alimony can be modified in Charlotte, NC—but only when there’s a substantial, ongoing change in circumstances and a judge (or a properly entered consent order) approves the change. Raises and layoffs, health setbacks, retirement, or a recipient’s remarriage/cohabitation can all matter, but nothing is automatic. Until a new order is entered, the existing order controls.

If your situation has shifted, don’t wait. Prompt action helps protect your finances, preserves evidence, and can prevent arrears. An experienced family law attorney can evaluate your facts, gather the right documentation, and present a clear case for increasing, decreasing, suspending, or terminating support.

If you believe your alimony order should be modified, contact The Goodman Law Firm, PLLC today.
Phone: (704) 502-6773
Email: Contact Us
Address: 10020 Monroe Road, Suite 170-288, Matthews, NC 28105
Website: www.goodmanlawnc.com

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