Alimony disputes don’t always end when the trial court issues its order. Appeals can change the outcome, and when that happens, one big question arises: What if you’ve already paid more than you should have?
The North Carolina Court of Appeals recently tackled this issue in Du Plessis v. Du Plessis, clarifying when supporting spouses may recover alimony overpayments. The decision provides important guidance on fairness, equitable remedies, and preventing unjust enrichment in family law cases.
Background of the Case
- Marriage & Divorce: Paul and Deborah Du Plessis married in 1995, divorced in 2015, and had two children.
- Initial Orders: Paul was ordered to pay $1,800/month in alimony, child support arrears, and attorney’s fees.
- Modification in 2019: Deborah sought more alimony, citing higher expenses and Paul’s increased income. The trial court granted her request, raising alimony to $3,249/month and extending its duration.
- Appeal in 2021: The Court of Appeals reversed, holding there was no substantial change in circumstances to justify the increase.
By then, Paul had already paid thousands under the invalidated order, leading to alleged overpayments of $36,010 in alimony and $3,600 in attorney’s fees. He sought reimbursement, but the trial court denied relief, saying it lacked authority.
The Court of Appeals’ Ruling
1. Authority to Reimburse
The Court of Appeals held that trial courts do have authority to order reimbursement of alimony overpayments. While North Carolina hadn’t directly addressed the issue before, principles from child support and postseparation support cases applied. Because Paul’s overpayments were tied to a court order later overturned, reimbursement was justified.
2. Preventing Unjust Enrichment
The Court emphasized that letting Deborah keep the extra money would unfairly enrich her. Since Paul’s alimony obligation had ended, he couldn’t offset the overpayment against future obligations. Equity required repayment.
3. Attorney’s Fees
The Court also found the trial court wrongly refused to consider reimbursement of attorney’s fees and remanded for a hearing on whether fairness required repayment.
Key Takeaways
- Reimbursement Is Possible – Supporting spouses may recover alimony overpayments when an order is overturned.
- Equity Matters – Courts can apply unjust enrichment principles to prevent one spouse from keeping money unfairly.
- Voluntary vs. Involuntary Payments – Voluntary extras (like college savings) usually can’t be recouped, but court-ordered overpayments can.
- Attorney’s Fees Count Too – Courts may order repayment of improperly awarded fees.
Why This Case Matters
Du Plessis v. Du Plessis makes clear that overpayments tied to invalidated alimony orders aren’t automatically lost. Supporting spouses have remedies, and trial courts have discretion to ensure fairness. For family law practitioners, the case highlights the importance of promptly seeking reimbursement when appellate rulings change financial obligations.
Final Thoughts
Alimony disputes can create significant financial strain, especially when orders are later reversed. This case provides reassurance that courts can—and will—address overpayments to ensure equity.
At Adkins Law, PLLC, based in Huntersville, we focus on family law matters including alimony, equitable distribution, and post-judgment relief. If you’re facing an alimony dispute or need to recover overpayments, our team can guide you through the process and protect your financial interests.
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