Uncontested divorces are known for being less stressful, less expensive, and far more efficient than their contested counterparts. But even in amicable divorces, financial questions often linger—especially when one spouse has significantly higher income or the other gave up career opportunities to support the marriage. That’s where spousal support comes in.
So, can you get spousal support in an uncontested divorce in Asheville? The answer is yes—if both parties agree and the agreement is properly structured. But getting it right is crucial. Unlike a contested divorce, where the court decides based on evidence, an uncontested divorce relies entirely on the terms the spouses propose. If the agreement is vague, unenforceable, or improperly drafted, the support obligation may fail to meet legal standards or become difficult to enforce.
This blog explores how spousal support—often referred to as alimony—is handled in Asheville uncontested divorces. From negotiating terms and protecting enforceability to incorporating support into the final divorce judgment, we’ll explain the process step-by-step and highlight the legal principles every spouse should understand. Whether you’re seeking support or agreeing to pay it, an experienced Asheville divorce lawyer can help you ensure your rights are protected and your agreement is sound.
What Is an Uncontested Divorce in Asheville?
Before diving into alimony, it’s important to define what we mean by uncontested divorce.
In North Carolina, an uncontested divorce is one in which:
- Both spouses agree to end the marriage
- Both agree on all terms (property division, debt allocation, custody, child support, and spousal support)
- There is no need for a court hearing to resolve disputes
The couple may negotiate the terms themselves or with the help of attorneys or mediators. Once the agreement is finalized, the divorce can be granted administratively by a judge—often via summary judgment without anyone going to court.
In an uncontested divorce, the couple can include spousal support as one of the agreed-upon terms. But doing so correctly requires careful drafting and legal compliance.
What Is Spousal Support in North Carolina?
North Carolina recognizes several types of post-separation financial support:
1. Post-Separation Support (PSS)
This is temporary support paid from one spouse to the other between separation and the final divorce judgment. It helps the dependent spouse meet immediate financial needs.
2. Alimony
Alimony is ongoing spousal support paid after the divorce becomes final. It may be time-limited or indefinite depending on the agreement or court order.
3. Contractual Support
In an uncontested divorce, spousal support is often created and enforced by contract. The couple agrees on the amount, duration, and conditions, and the court approves or incorporates those terms into the divorce judgment.
Spousal support is not automatic. The spouse requesting support must either have an agreement with the other spouse or file a proper legal claim. In an uncontested case, the agreement route is most common.
Who Qualifies for Spousal Support?
In North Carolina, one spouse must be considered “dependent,” and the other must be a “supporting spouse.”
Dependent Spouse
A dependent spouse is one who:
- Relies on the other for financial support
- Cannot meet their reasonable needs without assistance
This often includes stay-at-home parents, lower-earning spouses, or those with limited earning capacity due to age, health, or time away from the workforce.
Supporting Spouse
A supporting spouse is one who:
- Has the financial ability to pay support
- Earns significantly more than the dependent spouse
- Was the primary wage earner during the marriage
In an uncontested divorce, these labels may be used in the agreement to define who pays and who receives. The parties can also waive the labels if they wish to structure support without invoking statutory language.
How to Request Spousal Support in an Uncontested Divorce
In an uncontested divorce, you don’t file a motion asking the judge to award alimony. Instead, both parties sign a separation agreement or consent order that outlines the support terms.
To obtain spousal support this way, you must:
- Negotiate the amount, duration, and payment method
- Draft a written agreement
- Ensure it complies with North Carolina law
- Choose whether to incorporate the agreement into the divorce judgment
The court will generally approve spousal support in an uncontested case as long as:
- Both parties voluntarily agree
- The agreement is in writing and signed
- The terms are clear and legally enforceable
An Asheville divorce lawyer can ensure the agreement is drafted correctly to protect both parties’ rights and avoid future litigation.
Key Elements of a Spousal Support Agreement
To create a valid and enforceable support agreement in an uncontested divorce, the document must include certain core elements:
1. Identification of Parties
Full legal names of both spouses and a statement that they intend to resolve spousal support without litigation.
2. Agreement to Support
A clear statement that one spouse will pay spousal support to the other.
3. Amount and Frequency
Specify the dollar amount and how often it will be paid (monthly, quarterly, lump sum).
Example:
“The Husband shall pay the Wife spousal support in the amount of $1,500.00 per month, payable on the first day of each month by direct deposit.”
4. Duration of Payments
State how long payments will continue (e.g., 36 months, until remarriage, or until death).
Example:
“Support shall continue for 48 months, or until the Wife remarries or cohabits with a romantic partner for 90 consecutive days, whichever occurs first.”
5. Tax Treatment
Clarify whether payments are taxable or not (post-2019 federal law generally makes alimony non-taxable to the recipient and non-deductible to the payor).
6. Termination Events
Include specific termination clauses:
- Remarriage
- Death of either party
- Expiration of the support term
- Court modification (if allowed)
7. Modification Clauses
Determine whether support can be changed in the future due to job loss, illness, or other factors.
You can choose to allow or prohibit modification. If prohibited, the paying spouse cannot seek a reduction—even if circumstances change.
8. Enforcement Terms
Include enforcement mechanisms in case the paying spouse defaults, such as attorney’s fees, interest, and acceleration of unpaid amounts.
Should You Incorporate the Agreement into the Divorce Judgment?
In North Carolina, spousal support agreements can be:
- Incorporated into the divorce judgment: They become part of a court order and enforceable by contempt.
- Unincorporated: They remain private contracts enforceable through breach of contract lawsuits.
Each option has pros and cons.
Incorporated Agreements
- Enforceable through court contempt proceedings
- Subject to judicial interpretation
- May be modified by court unless agreement prohibits it
Unincorporated Agreements
- Enforced as a civil contract
- More private
- Generally not modifiable unless both parties agree
An Asheville divorce lawyer can help you decide which option makes sense based on your goals and level of trust.
Waiving Spousal Support in an Uncontested Divorce
Either spouse can waive the right to seek spousal support in a separation agreement. This waiver must be:
- Clearly stated in writing
- Voluntarily made
- Executed with full financial disclosure (recommended)
Common waiver language includes:
“Each party hereby waives any and all rights to receive post-separation support or alimony now or in the future.”
If support is waived, it cannot later be reintroduced or claimed, even if circumstances change. The waiver is permanent unless the agreement allows for reconsideration.
Lump Sum vs. Periodic Alimony
In uncontested divorces, parties can structure support in several ways:
Periodic Alimony
- Ongoing payments (e.g., monthly)
- Can last for a fixed term or be indefinite
- Requires ongoing contact between parties
- Easier to modify or stop if terms allow
Lump Sum Alimony
- One-time payment or installment of fixed total
- Often used to “buy out” future obligations
- No future involvement needed
- Cannot usually be modified
Each approach has advantages. Periodic alimony spreads the financial burden, while lump sum alimony offers closure and simplicity.
Factors That Influence Support Amount in Negotiations
Even in an uncontested divorce, parties often consider traditional alimony factors during negotiation:
- Length of the marriage
- Earning capacity and employment history
- Contributions as a homemaker
- Health and age of the spouses
- Standard of living during the marriage
- Educational sacrifices
- Marital misconduct (if relevant)
These factors can help guide the conversation, even if no court hearing is involved. An Asheville divorce lawyer can help ensure the outcome is fair and aligned with precedent.
Addressing Missed Payments and Enforcement
Once support is agreed upon and included in the separation agreement or court judgment, the receiving spouse has several enforcement options:
1. If Incorporated
The receiving spouse can file a motion for contempt. The court may:
- Compel payment
- Order reimbursement
- Award attorney’s fees
- Impose penalties for willful noncompliance
2. If Not Incorporated
The receiving spouse may file a civil breach of contract claim. Remedies include:
- Judgment for unpaid amounts
- Interest and attorney’s fees (if agreement allows)
- Garnishment or liens (if judgment obtained)
Regardless of incorporation, the key is to ensure the agreement is detailed and enforceable from the outset.
Can Alimony Be Modified After an Uncontested Divorce?
Yes—but only if the agreement allows it.
If your spousal support agreement permits modification, either party may request a change if:
- The paying spouse loses a job
- The receiving spouse remarries or cohabits
- There is a substantial change in financial circumstances
If the agreement says support is non-modifiable, then it is fixed, even if financial situations change. That’s why it’s critical to include clear language about modification during the drafting stage.
Avoiding Common Mistakes in Uncontested Spousal Support Agreements
- Vague or ambiguous terms: Support should be clear in amount, duration, and method.
- Failure to address termination: State what ends the support—death, remarriage, fixed date.
- No provision for enforcement: Include legal remedies for nonpayment.
- Improper tax language: Post-2019 alimony rules should be clearly acknowledged.
- No waiver of future claims: If waiving support, do it clearly and in writing.
- No modification clause: Decide up front whether changes will be allowed.
An Asheville divorce lawyer can ensure your agreement is complete, enforceable, and aligned with North Carolina law.
Spousal Support and Public Benefits
If the receiving spouse receives public assistance (e.g., Medicaid, food stamps, disability), spousal support may affect eligibility. It can increase income and result in reduced benefits.
Before finalizing a support agreement, consider:
- Structuring payments to avoid benefit disruption
- Consulting a benefits expert
- Weighing lump sum vs. monthly support
Support agreements should reflect the broader financial landscape, not just immediate needs.
Why Work with an Asheville Divorce Lawyer
Even in uncontested divorces, spousal support is complex. From enforceability and modification to tax consequences and future disputes, getting the details right matters.
An Asheville divorce lawyer can:
- Draft or review a spousal support agreement
- Ensure proper language for incorporation or contract enforcement
- Provide advice on duration and amount
- Address tax and modification concerns
- Guide you through summary judgment or court filing procedures
Legal guidance helps you protect your financial rights and avoid future litigation—especially when money is on the line.
FAQ
Can I include spousal support in an uncontested divorce in Asheville?
Yes. You and your spouse can agree to spousal support terms and include them in your separation agreement.
Does the court decide spousal support in an uncontested case?
No. In uncontested divorces, the court only approves the agreement you and your spouse negotiate.
Can spousal support be modified later?
Only if the agreement allows modification. Otherwise, support terms are final.
Should I incorporate my spousal support agreement into the divorce judgment?
That depends. Incorporated agreements are easier to enforce in court but may be subject to modification. Unincorporated agreements offer privacy and contractual enforcement.
What if my ex doesn’t pay the agreed support?
You can enforce the agreement through contempt (if incorporated) or civil court (if unincorporated).
Can we waive spousal support entirely?
Yes, if both parties agree. The waiver must be clear and in writing.
Do we need a lawyer to draft the support agreement?
It’s not required, but highly recommended to ensure the agreement is valid and enforceable.
Is spousal support taxable?
For agreements signed after January 1, 2019, spousal support is not taxable to the recipient and not deductible to the payor.
How long does spousal support last in an uncontested divorce?
That’s up to the parties. You can agree to any duration—short-term, long-term, or lump sum.
Can I ask for alimony if I didn’t work during the marriage?
Yes. Being a dependent spouse is one factor courts—and agreements—consider when awarding support.
The McKinney Law Group: Professional Support for Uncontested Divorce in Asheville
At The McKinney Law Group, we handle uncontested divorces with the same care and attention as high-conflict cases. Asheville clients rely on us to ensure their agreement is complete, fair, and enforceable.
Contact us at 828-929-0642 or email [email protected] to schedule your consultation.