Applicable NC Statutes (laws)
Marital Misconduct
As used in
this Chapter, unless the context clearly requires
otherwise, the following definitions apply:
(1)
"Alimony" means an order for payment for the support and
maintenance of a spouse or former spouse, periodically
or in a lump sum, for a specified or for an indefinite
term, ordered in an action for divorce, whether absolute
or from bed and board, or in an action for alimony
without divorce.
(2) "Dependent spouse" means a spouse, whether husband
or wife, who is actually substantially dependent upon
the other spouse for his or her maintenance and support
or is substantially in need of maintenance and support
from the other spouse.
(3)
"Marital misconduct" means any of the following acts
that occur during the marriage and prior to or on the
date of separation:
a. Illicit
sexual behavior. For the purpose of this section,
illicit sexual behavior means acts of sexual or deviate
sexual intercourse, deviate sexual acts, or sexual acts
defined in G.S. 14‑27.1(4), voluntarily engaged in by a
spouse with someone other than the other spouse;
b.
Involuntary separation of the spouses in consequence of
a criminal act committed prior to the proceeding in
which alimony is sought;
c.
Abandonment of the other spouse;
d. Malicious turning out‑of‑doors of the other spouse;
e. Cruel
or barbarous treatment endangering the life of the other
spouse;
f.
Indignities rendering the condition of the other spouse
intolerable and life burdensome;
g. Reckless spending of the income of either party, or
the destruction, waste, diversion, or concealment of
assets;
h.
Excessive use of alcohol or drugs so as to render the
condition of the other spouse intolerable and life
burdensome;
i. Willful
failure to provide necessary subsistence according to
one's means and condition so as to render the condition
of the other spouse intolerable and life burdensome.
(3a)
through (3d) Reserved for future codification purposes.
(3e) "Payor"
means any payor, including any federal, State, or local
governmental unit, of disposable income to an obligor.
When the payor is an employer, payor means employer as
defined under 20 U.S.C. § 203(d) of the Fair Labor
Standards Act.
(4) "Postseparation
support" means spousal support to be paid until the
earlier of either the date specified in the order of
postseparation support, or an order awarding or denying
alimony. Postseparation support may be ordered in an
action for divorce, whether absolute or from bed and
board, for annulment, or for alimony without divorce.
(5) "Supporting spouse" means a spouse, whether husband
or wife, upon whom the other spouse is actually
substantially dependent for maintenance and support or
from whom such spouse is substantially in need of
maintenance and support.
(1995, c. 319, s. 2; 1998‑176, s. 8.)
The staff at
Haas McNeil & Associates, P.A. continuously review and update
this website to ensure the information provided is
accurate. However, we cannot guarantee that the statutes
have not been amended or repealed by
the current sessions of the North Carolina General
Assembly. For the most current version of North Carolina
General Statutes please visit the North Carolina General
Assembly website at
http://www.ncga.state.nc.us.
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