Prenuptial and postnuptial agreements can significantly impact alimony in North Carolina divorces. If a prenuptial or postnuptial agreement addresses alimony, the court will typically enforce the terms of the agreement unless it is found to be unconscionable or entered into under duress or without full disclosure of assets.

In the absence of a prenuptial or postnuptial agreement, North Carolina courts consider several factors when determining alimony, including:

• The marital misconduct of either spouse
• The earnings and earning capacities of each spouse
• The ages and physical, mental, and emotional conditions of each spouse
• The amount and sources of earned and unearned income of both spouses
• The duration of the marriage
• The contribution by one spouse to the education, training, or increased earning power of the other spouse
• The standard of living of the spouses established during the marriage
• The relative education of the spouses and the time necessary to acquire sufficient education or training to enable the spouse seeking alimony to find employment to meet their reasonable economic needs
• The extent to which the earning power, expenses, or financial obligations of a spouse are affected by the spouse’s serving as the custodian of a minor child
• The amount, duration, and manner of payment of the alimony award
• The relative assets and liabilities of the spouses and the relative debt service requirements of the spouses, including legal obligations of support
• The property brought to the marriage by either spouse
• The contribution of a spouse as homemaker
• The relative needs of the spouses
• The tax ramifications of the alimony award
• Any other factor relating to the economic circumstances of the parties that the court finds to be just and proper

A prenuptial or postnuptial agreement can override these statutory factors and dictate the terms of alimony in the event of a divorce. However, if the agreement is found to be unconscionable or entered into under duress or without full disclosure, the court may set aside the agreement and determine alimony based on the statutory factors. It is wise to consult with an experienced family law attorney when drafting or reviewing a prenuptial or postnuptial agreement to make sure that it is fair, legally enforceable, and adequately protects your interests.

October 15, 2024 – Eric Richardson