North Carolina Divorce Lawyers Blog

Articles Tagged with marital misconduct

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Wayne Hopper, Legal Assistant

Sorey v. Sorey, 757 S.E.2d 518 (2014)

Divorce is not something anyone expects when they get married. The end of a marriage can be more difficult when one spouse has engaged in behavior that violates the fundamental tenets of marriage. Such behavior is considered marital misconduct in the legal world, and it can take different forms, such as sexual affairs, reckless spending, abandonment, or excessive substance abuse. Misconduct can lead to separation or the end of a marriage. North Carolina law addresses marital misconduct as a cause of separation or divorce and how it may be considered in claims for post-separation or alimony. Continue reading →

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In Ellis v. Ellis, the North Carolina Court of Appeals reviewed N.C.G.S. § 50-16.3A and the lower court’s application of the statute. It considered the sixteen relevant factors included in the statute to determine the amount, duration, and method of payment for an award of alimony when there were acts of marital misconduct condoned by the other spouse. Continue reading →

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 Horner v. Horner, No. COA19-632 (unpublished)

 

An alimony claim in North Carolina requires one spouse to be a dependent spouse and the other spouse to be a supporting spouse. A dependent spouse, as defined by statute, is a spouse 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” (N.C.G.S. § 50-16.1A). It is important to remember that in North Carolina a claim for alimony must be pending when a Judgment of Absolute Divorce is entered. If an alimony claim is not pending when a Judgment of Absolute Divorce is entered, the claimant is barred from bringing the claim in the future.

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