North Carolina law provides various remedies for failure to pay alimony. One spouse or the other must have resided in North Carolina for at least six months and the parties must have been separated for at least one year with the separation intended to be permanent.
A lawyer should always be retained to prepare a separation agreement and supervise the signing (or to review an agreement prepared by the other spouse’s attorney).
Their decision regarding division of property must be included in a properly executed separation agreement that is signed by both parties with both signatures properly notarized. Post-separation support and alimony can be granted by the court when there is a need for spousal support.
The party requesting support must actually be dependent on the other spouse for support or substantially in need of such support.
The only other ground for divorce in North Carolina is a spouse’s incurable insanity with a separation of three years. It is always wise to consult an attorney about a divorce, even though the divorce may appear to be simple and uncontested.
Divorce cuts off the rights to alimony and equitable distribution.