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NC General Statutes

N.C. Gen. Stat. § 50-16.4 (2026)

Counsel fees in actions for alimony, postseparation support

✓ current as of July 2026
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At any time that a dependent spouse would be entitled to alimony pursuant to G.S. 50-16.3A, or postseparation support pursuant to G.S. 50-16.2A, the court may, upon application of such spouse, enter an order for reasonable counsel fees, to be paid and secured by the supporting spouse in the same manner as alimony. (1967, c. 1152, s. 2; 1995, c. 319, s. 3; 2010-14, s. 1.)

 

§ 50-16.5:  Repealed by Session Laws 1995, c.  319, s. 1.

 

Notes of Decisions
Cited in 89 cases (7 in the last 5 years), 1970–2026 · leading case: Patronelli v. Patronelli, 636 S.E.2d 559 (N.C. 2006).
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Patronelli v. Patronelli, 636 S.E.2d 559 (N.C. 2006). · cites it 106× “In enacting N.C.G.S. § 50-16.4, the General Assembly provided: At any time that a dependent spouse would be entitled to alimony pursuant to G.”
Friend-Novorska v. Novorska, 545 S.E.2d 788 (N.C. Ct. App. 2001). · cites it 14× “III Plaintiff argues the trial court erred by failing to award her attorney's fees under N.C. Gen.Stat. § 50-16.4. Section 50-16.4 provides, in pertinent part: "At any time that a dependent spouse would be entitled to alimony pursuant to G.”
Whedon v. Whedon, 328 S.E.2d 437 (N.C. 1985). · cites it 21× “§ 1A-1, Rule 41(b), midway through a hearing to determine an award of counsel fees under N.C.G.S. § 50-16.4. For the reasons set forth below, we hold that (1) the Court of Appeals erred in its determination that the trial court must make a ruling on the merits of a party’s…”
Beasley v. Beasley, 816 S.E.2d 866 (N.C. Ct. App. 2018). · cites it 12× “6 (2017) (“Counsel fees in actions for custody and support of minor children”); N.C. Gen. Stat. § 50-16.4 (2017) (“Counsel fees in actions for alimony, post-separation support”).”
Patronelli v. Patronelli, 623 S.E.2d 322 (N.C. Ct. App. 2006). · cites it 108× “" "Attorney's fees" are defined as "[t]he charge to a client for services performed for the client, such as an hourly fee, a flat fee, or a contingent fee.”
Taylor v. Taylor, 468 S.E.2d 33 (N.C. 1996). · cites it 6× “Furthermore, N.C.G.S. § 50-16.4 provides in pertinent part: At any time that a dependent spouse would be entitled to alimony pendente lite pursuant to G.”
Carpenter v. Carpenter, 781 S.E.2d 828 (N.C. Ct. App. 2016). · cites it 4× “N.C. Gen.Stat. § 50-16.4 provides, "[a]t any time that a dependent spouse would be entitled to alimony pursuant to G.”
Lucas v. Lucas, 706 S.E.2d 270 (N.C. Ct. App. 2011). · cites it 7× “The attorneys’ fees statute at issue in this case, N.C. Gen. Stat. § 50-16.4 (2009) (emphasis added), provides that “[a]t any time that a dependent spouse would be entitled to alimony pursuant to G.”
McKinney v. McKinney, 745 S.E.2d 356 (N.C. Ct. App. 2013). · cites it 6× “2d 437 (1985), for the proposition that the trial court may grant appellate attorney’s fees in an alimony case pursuant to N.C. Gen. Stat. § 50-16.4 . Both of these cases dealt with alimony, not child support.”
Parsons v. Parsons, 752 S.E.2d 530 (N.C. Ct. App. 2013). · cites it 6× “Attorney’s Fees Finally, plaintiff argues that the trial court erred in awarding defendant $40,000 in attorney’s fees under N.C. Gen. Stat. § 50-16.4 because defendant had sufficient means to defray the costs of the suit.”
Robinson v. Robinson, 707 S.E.2d 785 (N.C. Ct. App. 2011). · cites it 2× “Before ordering payment of a fee in a support action, the court must find as a fact *337 that the party ordered to furnish support has refused to provide support which is adequate under the circumstances existing at the time of the institution of the action or proceeding. N.C.…”
Romulus v. Romulus, 715 S.E.2d 308 (N.C. Ct. App. 2011). · cites it 2× “Attorney fees Plaintiff also argues that the trial court erred by denial of her claim for attorney fees based upon N.C. Gen. Stat. § 50-16.4 . Plaintiff concedes that if this Court determines that the trial court properly denied her claim for alimony, her claim for attorney fees…”
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— N.C. Gen. Stat. § 50-16.4(4) — 1 case
Morris v. Morris, 266 S.E.2d 381 (N.C. Ct. App. 1980).
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