In North Carolina, the laws regarding alimony and equitable distribution, which is the division of assets and debts acquired during a marriage when a couple divorces, can be complex. When married couples divorce, the courts consider what is fair and equitable, but not necessarily 50/50 or even split.
But what happens if a couple is not married? In today’s day and age, more and more couples are cohabitating and living as spouses without making it official. If they decide to separate after many years, the split can seem almost identical to a divorce. However, what does North Carolina law say?
What is alimony?
First, let’s define the basics. Alimony in North Carolina is a financial obligation that one spouse may have toward the other spouse after a divorce. Alimony is only available to married couples who divorce. If you are unmarried, you do not have a legal right to seek alimony.
Equitable distribution
The principle of equitable distribution, which is when the court divides assets and debts in a way that it deems “fair and equitable” rather than strictly evenly, applies exclusively to married couples in North Carolina.
Alternatives for unmarried couples
For individuals who are coupled but unmarried, while they are not legally entitled to seek alimony because of their marital status, there are alternatives to help them secure their financial futures. Some examples of other options include:
- Agreements by contract
- Sharing property rights
- A claim of unjust enrichment
- A claim for child support
While unmarried couples do not have the same rights as married couples in North Carolina, that does not mean that if you are in that situation, you cannot reach an agreement with the other party if you seek to take steps to secure your financial future.
These individuals must understand their legal options and consider drafting agreements that align with their intentions and protect their interests. Consulting with an experienced family law attorney is essential to understand how North Carolina laws work and what you can do to ensure your situation is just.
