Does Adultery Affect Spousal Support in North Carolina?

When courts in North Carolina determine that one spouse is a dependent spouse and the other is a supporting spouse, alimony is often awarded to the dependent spouse. Alimony is intended to allow the financially dependent spouse the means to maintain the standard of living they became accustomed to during the marriage, but North Carolina courts must consider numerous factors before deciding whether to award spousal support. These factors include:

• The earnings and earning capacities of both spouses
• The age and health of the spouses
• The length of the marriage
• The assets and liabilities of each spouse
• Contributions of a spouse as a homemaker

Marital misconduct is also listed in state law as a relevant factor for determining alimony. If the dependent spouse engaged in illicit sexual behavior during the marriage, they are not entitled to alimony. However, if the supporting spouse is found to have engaged in illicit sexual behavior, then the court shall award alimony to the dependent spouse.

Kaplan v. Kaplan

Alimony and marital misconduct were at the center of the Kaplan v. Kaplan case. Wife appealed an order entered by the trial court in 2022 denying her alimony.

Case Background

During their 18-year marriage, Husband was a medical doctor and earned income from various other sources, while Wife was a stay-at-home mother. Wife wasn’t working at the time of separation.

In 2015, Wife was awarded post-separation support in the amount of $20,000 per month, which was to be paid through May 2018. In September 2017, Husband stopped making payments, accruing $180,000 in arrearages owed to Wife. He claimed that he stopped making payments because he suffered from medical issues.

For over a year, Husband made no payments toward the arrearages he owed. In August 2019, Wife filed a request that Husband be ordered to pay the arrearages. In July 2022, her request for alimony was denied.

Alimony Appeal

The Court of Appeals stated that alimony should be awarded to dependent spouses when all the factors are considered, one of which is the illicit sexual misconduct of either spouse. In this case, Wife was the dependent spouse, and Husband had committed illicit sexual misconduct during the marriage. Wife had not engaged in any illicit sexual misconduct. Therefore, the appellate court said, alimony was mandatory, not discretionary. According to state law, when the supporting spouse engages in such conduct, and the dependent spouse does not, the supporting spouse shall pay alimony.

The Court of Appeals referenced the trial court ruling that Wife was not entitled to an award of alimony. The lower court’s decision was an error. The appellate court reversed the lower court’s order denying alimony and remanded the case with instructions to award her some amount of alimony in accordance with state law.