Marital Misconduct in North Carolina

What constitutes marital misconduct in North Carolina and why does it matter? Several things may constitute marital misconduct in North Carolina, including illicit sexual behavior, abandonment, cruel or barbarous treatment, or excessive use of alcohol or drugs. This is important because marital misconduct may guarantee or bar alimony.

In North Carolina, alimony may be awarded when there is a dependent / supporting relationship. This means that one spouse, the dependent spouse, relies upon the income of the supporting spouse to maintain his or her lifestyle. If the dependent spouse commits marital misconduct during the period of marriage, prior to separation, the dependent spouse is barred from alimony. On the other hand, if the supporting spouse commits marital misconduct during the period of marriage, prior to separation, the dependent spouse is guaranteed alimony.

If you need to speak with a family lawyer in Huntersville NC concerning marital misconduct or alimony, contact Adkins Law. Adkins Law is located in Huntersville NC and primarily serves the Lake Norman area. 

North Carolina General Statute 50-16.1A defines marital misconduct. The relevant portion of the statute has been included below:

N.C.G.S. § 50-16.1A

"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.

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