Dec192025
Family Law Q&A Series

How can I start a divorce and request alimony and post-separation support when my spouse refuses to work and I have health issues? – North Carolina

Short Answer

In North Carolina, starting the divorce process usually means filing a court action in District Court (often for post-separation support/alimony first) and then filing for absolute divorce once the one-year separation requirement is met. Post-separation support (PSS) can be requested soon after separation to get temporary monthly support while the alimony case is pending. To keep the right to alimony, an alimony claim must be on file (pending) before the absolute divorce judgment is entered.

Understanding the Problem

In North Carolina, when spouses separate after a long marriage, one spouse may ask: can a court case be started now to seek post-separation support and alimony when the other spouse refuses to work and the requesting spouse has serious health issues? The decision point is whether to file a spousal support action immediately after separation (to request temporary support and preserve alimony rights) or to wait to file only for divorce later. Timing matters because absolute divorce requires a separation period, and support claims can be lost if not raised before the divorce is finalized.

Apply the Law

North Carolina treats post-separation support as temporary spousal support that can be ordered after separation and continues until the court later awards or denies alimony (or until certain other statutory stopping points apply). Alimony is longer-term spousal support decided under a separate set of factors. Both types of support require the court to decide whether one spouse is “dependent” and the other is “supporting,” based largely on need and ability to pay, including the marital standard of living, incomes, earning abilities, debt obligations, and health. Claims for support are typically filed in a Chapter 50 family law action in the North Carolina District Court Division.

Key Requirements

  • Separation and proper case type: Post-separation support is only available after the spouses have separated, and it must be requested in a Chapter 50 action in District Court.
  • Dependent spouse vs. supporting spouse: The requesting spouse must show substantial dependence (or substantial need) and that the other spouse has the ability to provide support, even if the other spouse is not currently working.
  • Verified facts and financial detail: The request for post-separation support must be supported by a verified pleading, verified motion, or affidavit stating the factual basis, including financial needs, income sources, and the marital standard of living.

What the Statutes Say

Analysis

Apply the Rule to the Facts: The parties are separated after a long marriage, which is the trigger that allows a North Carolina court to consider post-separation support. Health issues can matter because the court looks at physical and mental condition, earning capacity, and reasonable needs when deciding both temporary post-separation support and longer-term alimony. If the spouse is not steadily employed, the court still focuses on that spouse’s ability to pay and overall financial circumstances, not just current wages. Allegations of infidelity can affect alimony and can also be considered in post-separation support decisions, but only for conduct during the marriage and prior to or on the separation date.

Process & Timing

  1. Who files: The spouse requesting support (or either spouse) in a Chapter 50 family law action. Where: North Carolina District Court Division (generally the Clerk of Superior Court’s office in the county where either spouse resides for filing). What: A complaint that includes claims for post-separation support, alimony, and (commonly) attorney’s fees, supported by verification or an affidavit with detailed facts about income, expenses, debts, and the marital standard of living. When: Post-separation support can be requested after separation; absolute divorce can be filed after one year living separate and apart if the residency requirement is met.
  2. Serve the other spouse and request temporary support: After filing, the other spouse must be properly served. A post-separation support request is often decided based on verified pleadings/affidavits and financial evidence; some courts handle these as shorter hearings, and local scheduling varies by county.
  3. Preserve alimony before finalizing divorce: If an absolute divorce will be filed later, the safest practice is to ensure the alimony claim is already pending before any divorce judgment is entered. If the court enters an absolute divorce without a pending alimony claim, post-separation support ends and alimony rights may be lost.

Exceptions & Pitfalls

  • Not verifying the support request: Post-separation support is driven by verified pleadings/motions/affidavits. Leaving out competent facts about income, benefits, debts, and expenses can weaken the request.
  • Finalizing divorce too soon: Entering absolute divorce without an alimony claim already on file can cut off post-separation support and can eliminate alimony rights.
  • Misunderstanding “refuses to work”: A spouse’s unemployment does not automatically prevent support, and it does not automatically prove inability to pay. The court examines earning capacity, available income/benefits, and other circumstances.
  • Marital misconduct proof and timing: Misconduct such as illicit sexual behavior must have occurred during the marriage and before (or on) the date of separation to directly affect entitlement rules. Post-separation conduct may matter only in limited ways.

Conclusion

In North Carolina, a spouse can start a Chapter 50 case after separation and request post-separation support right away, with alimony as the longer-term claim that will be decided later. The court focuses on whether one spouse is dependent, whether the other is supporting, and the needs-and-ability-to-pay factors, including health and earning capacity. Absolute divorce generally requires one year of separation, but support claims should not wait until then. The key next step is to file a verified complaint in District Court that includes claims for post-separation support and alimony before any absolute divorce judgment is entered.

Talk to a Family Law Attorney

If separation has started and spousal support is needed because one spouse is not working and the other has health-related limitations, a Family Law attorney can help identify the right claims to file first, prepare the required verified paperwork, and protect the ability to seek alimony before the divorce is finalized. Call us today at (919) 341-7055.

Disclaimer: This article provides general information about North Carolina law based on the single question stated above. It is not legal advice for your specific situation and does not create an attorney-client relationship. Laws, procedures, and local practice can change and may vary by county. If you have a deadline, act promptly and speak with a licensed North Carolina attorney.

Category: Family Law Q&A Series

Author: jpierce

Attorney Jared Pierce is the founder of Pierce Law Group in Raleigh, North Carolina, a firm he established with a dedicated focus on probate administration and estate planning across North Carolina. Born and raised in the Republic of South Africa, Jared moved to Durham with his family in 2001, bringing with him a rich cultural background and a distinctive accent that often serves as a conversation starter.