(a) An order of a court of this State for alimony or postseparation support, whether contested or entered by consent, may be modified or vacated at any time, upon motion in the cause and a showing of changed circumstances by either party or anyone interested. This section shall not apply to orders entered by consent before October 1, 1967.
Any motion to modify or terminate alimony or postseparation support based on a resumption of marital relations between parties who remain married to each other shall be determined pursuant to G.S. 52-10.2.
(b) If a dependent spouse who is receiving postseparation support or alimony from a supporting spouse under a judgment or order of a court of this State remarries or engages in cohabitation, the postseparation support or alimony shall terminate. Postseparation support or alimony shall terminate upon the death of either the supporting or the dependent spouse.
As used in this subsection, cohabitation means the act of two adults dwelling together continuously and habitually in a private heterosexual relationship, even if this relationship is not solemnized by marriage, or a private homosexual relationship. Cohabitation is evidenced by the voluntary mutual assumption of those marital rights, duties, and obligations which are usually manifested by married people, and which include, but are not necessarily dependent on, sexual relations. Nothing in this section shall be construed to make lawful conduct which is made unlawful by other statutes.
(c) When an order for alimony has been entered by a court of another jurisdiction, a court of this State may, upon gaining jurisdiction over the person of both parties in a civil action instituted for that purpose, and upon a showing of changed circumstances, enter a new order for alimony which modifies or supersedes such order for alimony to the extent that it could have been so modified in the jurisdiction where granted. (1871-2, c. 193, ss. 38, 39; 1883, c. 67; Code, ss. 1291, 1292; Rev., ss. 1566, 1567; 1919, c. 24; C.S., ss. 1666, 1667; 1921, c. 123; 1923, c. 52; 1951, c. 893, s. 3; 1953, c. 925; 1955, cc. 814, 1189; 1961, c. 80; 1967, c. 1152, s. 2; 1987, c. 664, s. 3; 1995, c. 319, s. 7.)
Notes of Decisions
Cited in
131
cases (
10 in the last 5 years), 1968–2026 · leading case:
Long v. Long, 588 S.E.2d 1 (N.C. Ct. App. 2003).
Long v. Long, 588 S.E.2d 1 (N.C. Ct. App. 2003).
· cites it 18× “Plaintiff contends that the trial court erred as a matter of law in concluding that plaintiff had cohabited as defined in N.C. Gen. Stat. § 50-16.9 . The parties’ separation agreement allowed defendant to *667 stop paying plaintiff alimony upon the occurrence of any one of…”
Rowe v. Rowe, 287 S.E.2d 840 (N.C. 1982).
· cites it 22× “In the case at hand, were it not for the proviso in the 6 December 1976 consent order that G.S. 50-16.9 would not apply, Bunn no doubt would control this case.”
Oakley v. Oakley, 599 S.E.2d 925 (N.C. Ct. App. 2004).
· cites it 17× “N.C. Gen. Stat. § 50-16.9 clearly outlines the procedure for modifying or vacating alimony awards.”
Rowe v. Rowe, 280 S.E.2d 182 (N.C. Ct. App. 1981).
· cites it 30× “ (a) An order of a court of this State for *187 alimony or alimony pendente lite, whether contested or entered by consent, may be modified or vacated at any time, upon motion in the cause and a showing of changed circumstances by either party or anyone interested." We fail to…”
Cunningham v. Cunningham, 480 S.E.2d 403 (N.C. 1997).
· cites it 28× “The modification of an existing order of alimony is governed by N.C.G.S. § 50-16.9 which provides in pertinent part: *406 (a) An order of a court of this State for alimony or alimony pendente lite, whether contested or entered by consent, may be modified or vacated at any time,…”
Craddock v. Craddock, 656 S.E.2d 716 (N.C. Ct. App. 2008).
· cites it 16× “On 10 April 2006, defendant filed his answer asserting as an affirmative defense that plaintiff had cohabited, as defined in N.C. Gen. Stat. § 50-16.9 , with Andrew Picarsic (“Picarsic”).”
Smallwood v. Smallwood, 742 S.E.2d 814 (N.C. Ct. App. 2013).
· cites it 12× “” N.C. Gen. Stat. § 50-16.9 (b) (2011). The statute defines “cohabitation” as the act of two adults dwelling together continuously and habitually in a private heterosexual relationship, even if this relationship is not solemnized by marriage, or a private homosexual relationship.”
Barham v. Barham, 487 S.E.2d 774 (N.C. Ct. App. 1997).
· cites it 16× “G.S. § 50-16.9 provided in pertinent part: "An order of a court of this State for alimony .”
Williamson v. Williamson, 543 S.E.2d 897 (N.C. Ct. App. 2001).
· cites it 14× “N.C. Gen. Stat. § 50-16.9 (b) (1999). However, this statute only applies in actions filed on or after 1 October 1995.”
Marks v. Marks, 342 S.E.2d 859 (N.C. 1986).
· cites it 10× “(a) An order of a court of this State for alimony or alimony pendente lite, whether contested or entered by consent, may be modified or vacated at any time, upon a motion in the cause and a showing of changed circumstances by either party or anyone interested.”
Walters v. Walters, 298 S.E.2d 338 (N.C. 1983).
· cites it 6× “As the law now stands if the provision in question concerns alimony, the issue of modifiability is determined by G.S. 50-16.9. However, if the provisions in question concern some aspect of a property settlement, then it may be modified only so long as the court's order remains…”
Lucas v. Lucas, 706 S.E.2d 270 (N.C. Ct. App. 2011).
· cites it 9× “Since the trial court referred to the health insurance payments as “in the nature of ALIMONY,” the judgment could be read as terminating the health insurance upon the occurrence of the events specified in N.C. Gen. Stat. § 50-16.9 (b) (2009) (providing that alimony “shall…”
— N.C. Gen. Stat. § 50-16.9(a) — 27 cases
Marks v. Marks, 342 S.E.2d 859 (N.C. 1986).
“(a) An order of a court of this State for alimony or alimony pendente lite, whether contested or entered by consent, may be modified or vacated at any time, upon a motion in the cause and a showing of changed circumstances by either party or anyone interested.”
Cunningham v. Cunningham, 480 S.E.2d 403 (N.C. 1997).
“The modification of an existing order of alimony is governed by N.C.G.S. § 50-16.9 which provides in pertinent part: *406 (a) An order of a court of this State for alimony or alimony pendente lite, whether contested or entered by consent, may be modified or vacated at any time,…”
Walters v. Walters, 298 S.E.2d 338 (N.C. 1983).
“As the law now stands if the provision in question concerns alimony, the issue of modifiability is determined by G.S. 50-16.9. However, if the provisions in question concern some aspect of a property settlement, then it may be modified only so long as the court's order remains…”
Barham v. Barham, 487 S.E.2d 774 (N.C. Ct. App. 1997).
“G.S. § 50-16.9 provided in pertinent part: "An order of a court of this State for alimony .”
— N.C. Gen. Stat. § 50-16.9(b) — 24 cases
Smallwood v. Smallwood, 742 S.E.2d 814 (N.C. Ct. App. 2013).
“” N.C. Gen. Stat. § 50-16.9 (b) (2011). The statute defines “cohabitation” as the act of two adults dwelling together continuously and habitually in a private heterosexual relationship, even if this relationship is not solemnized by marriage, or a private homosexual relationship.”
Williamson v. Williamson, 543 S.E.2d 897 (N.C. Ct. App. 2001).
“N.C. Gen. Stat. § 50-16.9 (b) (1999). However, this statute only applies in actions filed on or after 1 October 1995.”
— N.C. Gen. Stat. § 50-16.9(c) — 3 cases
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