Who is a Dependent Spouse in North Carolina Divorce?

Alimony is an option in North Carolina in divorces where one spouse is classified as the dependent spouse and the other as the supporting spouse.

North Carolina Law and Spousal Support

North Carolina General Statute Section 50-16.1A defines a dependent spouse as one who is either substantially dependent on the other or who is in substantial need of maintenance and support from the other spouse. However, just because one spouse is dependent does not mean the other spouse must automatically pay alimony. There is also the classification of supporting spouses, which must be met. A supporting spouse is defined as a husband or wife who has a surplus of income over expenses.

A North Carolina court can order that alimony be paid for a specified amount of time, an indefinite term, or in a lump sum payment. When a court decides to grant spousal support to the dependent spouse, it must include the reasons for the amount and duration ordered.

Haythe v. Haythe

In the case of Haythe v. Haythe, Husband appealed an order that dealt with, among other things, an award of alimony to Wife. In his appeal, he stated that the trial court erred by ordering him to pay a lump sum alimony payment to Wife.

The following findings of fact were among the ones considered and pointed out by the trial court:

• After separation, Husband shut off the utilities without warning while Wife was still living in the home.
• Wife contributed to the marriage by assisting Husband in his work as a minister, cleaning the house, and performing other various household tasks.
• Wife had some savings prior to marriage but used those funds to buy vehicles for Husband and pay off some of his debt, leaving her with little money after separation.
• Wife had limited work experience and was unemployed at the time of the hearing.
• Husband could continue his nursing job, but Wife’s ability to re-enter the teaching field was unlikely.

The trial court determined that Wife was the dependent spouse and Husband was the supporting spouse. However, it was also found that Husband had limited ability to pay monthly alimony, but both spouses received more than $80,000 in their equitable distribution proceedings, which could be used to pay Wife a lump sum amount of alimony.

Husband was ordered to pay Wife $40,000 in lump sum alimony, as well as over $12,000 in attorney’s fees and $13,580 due to his refusal to adhere to the parties’ Post-separation Order. He appealed.

The Court of Appeals disagreed with Husband’s argument that the trial court erred in awarding a lump sum payment to Wife. However, it was noted that the lower court failed to provide reasoning for the amount of the lump sum, and the case was remanded so further findings of fact could be added to support the decision.