Reimbursement of alimony paid pursuant to an order vacated after appeal The trial court has discretion to order receiving party to reimburse payor for amount paid pursuant to a modified alimony award that was vacated on appeal for a lack of sufficient evidence of a substantial change in circumstances. 

A trial court has the discretion to order repayment as a remedy for unjust enrichment. Unjust enrichment results when (1) one party conferred to another (2) a measurable benefit (3) that was accepted (4) but which was conferred neither officiously (5) nor gratuitously. Du Plessis v. Du Plessis, _ N.C. App. _, _ S.E.2d _ (May 7, 2025). The trial court modified an alimony order, increasing plaintiff’s alimony obligation and awarding additional attorney fees. The plaintiff appealed and the court of appeals vacated the modified order. Thereafter, the plaintiff requested that the trial court order defendant to reimburse plaintiff for the amounts paid under the modified order. The trial court held that it lacked authority to order repayment. Plaintiff appealed and the court of appeals vacated the trial court order after concluding that a trial court has the authority “at equity” to allow plaintiff to recover from plaintiff amounts paid under the modification order that was vacated following appeal, and that the trial court has discretion to order reimbursement for unjust enrichment. 



The court of appeals also held that all of the elements of unjust enrichment had been established in this case when plaintiff paid to defendant the amount due pursuant to the modified order that was vacated by the appellate court.