Post-Divorce Modifications in North Carolina

Modifying a Divorce Decree in North Carolina

Going through a divorce can be an arduous and stressful process. Sometimes you’re so ready for the process to be over that you sign an agreement that does not consider all future circumstances.

If you’ve experienced a significant change in your income or other personal circumstances, you may want to consider modifying your divorce agreements. Thankfully, North Carolina does allow some post-divorce modifications.

Dividing Marital Property

North Carolina is a state that divides marital property based on equitable distribution. This means that the property is divided fairly, but not necessarily equally, between the two parties.

Marital property includes property that was acquired during the marriage, which can extend beyond the house and cars and into savings accounts and military pensions. Separate property is property acquired by a party before marriage, as well as any gifts a spouse may have received during the marriage.

Mixed property may be that which was acquired prior to marriage, but was contributed to during the marriage, such as a retirement account.

The Court will consider many factors when determining the equitable division of property, including those listed below (to see the full list go to General Statute §50-20):

• The income, property, and liabilities of both parties
• Any obligation for support from a prior marriage
• The duration of the marriage and the age and physical and mental health of both parties
• The needs of a parent with custody of a child or children of the marriage
• Expected retirement, pensions, and other deferred compensation
• Any direct or indirect contribution made by one spouse to help educate or develop the career potential of the other spouse
• Any direct contribution to an increase in value of separate property
• Liquid or non-liquid character of marital property
• The difficulty in valuing property, business interests, or other assets
• Tax consequence of both parties
• Acts of both parties to maintain the marital property

Property and assets that the Court divides in equitable distribution are final. It may be best for you and your spouse to have attorneys work on an agreement that satisfies you both since neither one of you will be able to request a modification of property division.

Granting and Modifying Child Support or Alimony

Either party may file for alimony, but a judge will only grant it if one party is considered to be a dependent party, one party is considered a supporting party, and the alimony is award is determined to be a fair amount when all determining factors (as found in General Statute §50-16.3A) are met.

The court will also exercise the right to determine the amount of alimony, as well as how the supporting party pays it and the time period in which the dependent party can expect to receive it (i.e., indefinitely or for a certain time period).

Custody and support of a minor child is decided based upon the best interests of the child. Often a Court-appointed mediator will work with the parents to make important decisions concerning the child’s well-being.

The Court will allow child support and alimony amounts to be modified post-divorce. The party wishing to modify the amount must file a motion with the Court and show the change in circumstances of either party that has prompted the motion to modify.

The Court will terminate alimony orders if the party receiving alimony remarries or moves in with a person with whom he or she becomes romantically involved, the payor passes away, or the receiving spouse’s financial situation has changed to the point that alimony no longer meets his or her reasonable needs.