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North Carolina Separation Agreement

A North Carolina separation agreement establishes rules regarding alimony, division of marital property, and other matters for a couple who no longer wishes to live together but who does not want to divorce. Matters related to child support and custody can also be included but can later be changed if a judge finds they are not in the child's best interest.
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Updated June 05, 2024

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Is a Separation Agreement Legal in North Carolina?

Yes, couples are authorized to create binding separation agreements so long as the agreements do not violate the state’s public policy. Separation agreements are not required to be filed with the court.

Source: § 52-10.1

Legal Separation Requirements

  • Filing Fee: $150 (General Civil in District Court)
  • Residency: At least one spouse must be a resident and must have resided in the state for at least six months before filing (divorce requirement)
  • Where to File: With the district court covering the area where either spouse resides

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