Alimony, also known as spousal support, is a court-ordered payment that one spouse makes to the other after a divorce or separation. In North Carolina, alimony may be awarded to a dependent spouse (i.e., a spouse who is financially reliant on the other) in a divorce or separation case. It may be awarded as a lump sum payment, periodic payments, income withholding, or transfer of title or possession of personal property or any interest therein or a security interest in or possession of real property. Several factors determine the amount and duration of alimony payments, including each spouse’s income and earning potential, the length of the marriage, and the standard of living established during the marriage. Alimony in North Carolina may be temporary or permanent. It can be modified or terminated under certain circumstances, such as if the receiving spouse remarries or cohabitates with someone with whom they are in an intimate relationship. Note that cohabitation requires the two individuals to dwell together continuously and habitually, which applies to heterosexual and homosexual relationships.
By statute, alimony terminates in North Carolina upon the death of either party. Alimony can be ordered by the Court (i.e., court order) or in a private contract between the parties (i.e., separation agreement).
If you have a court order for alimony and your spouse is not making alimony payments and falling behind, you have the right to file a motion in the cause to enforce the order. N.C. Gen. Stat. § 50-16.7(j) provides that an alimony order is enforceable by civil contempt and that its disobedience is punished by criminal contempt.
Consequences for the non-paying spouse can be severe and may include wage garnishment, property liens, and even jail time in extreme cases.
Contempt is probably the most frequently used enforcement tool. If your ex-spouse is held in contempt, depending on whether it is civil or criminal, penalties can include a fine, censure, imprisonment, and in some cases, an award of attorney fees. However, N.C. Gen. Stat. § 50-16.7(d) – (k) lists specific remedies other than contempt for enforcement of an alimony order. Please note that some of these remedies are prejudgment, meaning they cannot be used after entering an alimony order.
Remedies that apply at the time of the entry of an alimony order or after an alimony order is entered are as follows:
Suppose alimony is established in a private contract (not incorporated into the court order), and the supporting spouse stops paying alimony. In that case, the dependent spouse can bring an action for breach of contract and specific performance. A dependent spouse may sue for breach of contract and seek monetary damages. A party may also seek specific performance of the contract when the legal remedy is inadequate. Specific performance means the court orders one party to do what they originally contracted to do. However, the dependent spouse would have to show that the supporting spouse could perform under the contract (i.e., had the ability to pay alimony but chose not to).
In summary, if an ex-spouse falls behind on alimony payments, the consequences for the non-paying spouse can be severe and may include wage garnishment, property liens, and even jail time in extreme cases. Therefore, both parties need to understand their legal rights and responsibilities regarding alimony payments to avoid future financial and legal problems.