North Carolina § 50-16 - 1A. Definitions.

§ 50-16. 1A. Definitions.

As used in this Chapter, unless the context clearly requires otherwise, the following definitions apply: "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. "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. "Marital misconduct" means any of the following acts that occur during the marriage and prior to or on the date of separation: 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. 14-27.20(4), voluntarily engaged in by a spouse with someone other than the other spouse; Involuntary separation of the spouses in consequence of a criminal act committed prior to the proceeding in which alimony is sought; Abandonment of the other spouse; Malicious turning out-of-doors of the other spouse; Cruel or barbarous treatment endangering the life of the other spouse; Indignities rendering the condition of the other spouse intolerable and life burdensome; Reckless spending of the income of either party, or the destruction, waste, diversion, or concealment of assets; Excessive use of alcohol or drugs so as to render the condition of the other spouse intolerable and life burdensome; 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. through (3d) Reserved for future codification purposes. "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. "Postseparation support" means spousal support to be paid until the earlier of any of the following: The date specified in the order for postseparation support. The entry of an order awarding or denying alimony. The dismissal of the alimony claim. The entry of a judgment of absolute divorce if no claim of alimony is pending at the time of entry of the judgment of absolute divorce. Termination of postseparation support as provided in G.S. 50-16.9(b). "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. Postseparation support may be ordered in an action for divorce, whether absolute or from bed and board, for annulment, or for alimony without divorce. However, if postseparation support is ordered at the time of the entry of a judgment of absolute divorce, a claim for alimony must be pending at the time of the entry of the judgment of divorce. History (1995, c. 319, s. 2; 1998-176, s. 8; 2005-177, s. 1; 2015-181, s. 20.) Editor's Note. - Prior to the year 1872 there was no statute regulating the question of alimony without divorce, but in this State it was held that this relief in proper cases could be granted by courts of equity. See Crews v. Crews, 175 N.C. 168 , 95 S.E. 149 (1918). By Laws 1872, c. 193, the legislature provided for this relief, but in that act there was no provision whereby the wife could obtain alimony during the determination of the issues involved in her suit. See Hodges v. Hodges, 82 N.C. 122 (1880). In 1919, an amendment was added whereby the wife might apply for an allowance for her subsistence during the pendency of her main action. See Laws 1919, c. 24. Session Laws 1995, c. 319, which repealed former G.S. 50-16.1 and enacted this section in its place, in s. 12 provides that the act applies to civil motions filed on or after October 1, 1995, and shall not apply to pending litigation, or to future motions in the cause seeking to modify orders or judgments in effect on October 1, 1995. Former G.S. 50-16.1 , prior to its repeal by Session Laws 1995, c. 319, read as follows: " Definitions. "As used in the statutes relating to alimony and alimony pendente lite unless the context otherwise requires, the term: (1) 'Alimony' means payment for the support and maintenance of a spouse, either in lump sum or on a continuing basis, ordered in an action for divorce, whether absolute or from bed and board, or an action for alimony without divorce. (2) 'Alimony pendente lite' means alimony ordered to be paid pending the final judgment of divorce in an action for divorce, whether absolute or from bed and board, or in an action for annulment, or on the merits in an action for alimony without divorce. (3) '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. (4) 'Supporting spouse' means a spouse, whether husband or wife, upon whom the other spouse is actually substantially dependent or from whom such other spouse is substantially in need of maintenance and support." Session Laws 1998-176, s. 1 added subdivision (4a), which was redesignated as subdivision (3e) at the direction of the Revisor of Statutes. Subdivision (4), as amended by Session Laws 2005-177, s. 1, effective October 1, 2005, is applicable to all postseparation support orders issued on or after that date. Session Laws 2015-181, s. 48, provides: "This act becomes effective December 1, 2015, and applies to offenses committed on or after that date. Prosecutions for offenses committed before the effective date of this act are not abated or affected by this act, and the statutes that would be applicable but for this act remain applicable to those prosecutions." Session Laws 2015-181, s. 20, had substituted "G.S. 14-27.20(4)" for "G.S. 14-27.1(4)" in subdivision (3)(a). Effect of Amendments. - Session Laws 2015-181, s. 20, effective December 1, 2015, substituted "G.S. 14-27.20(4)" for "G.S. 14-27.1(4)" in subdivision (3)(a). For applicability, see editor's note. Legal Periodicals. - For article, "Giving Credit Where Credit is Due: North Carolina Recognizes Custodial Obligations as a Factor in Determining Alimony Entitlements," see 74 N.C.L. Rev. 2128 (1996). For an article on the 1995 amendments to North Carolina alimony statutes, see 76 N.C.L. Rev. 2017 (1998). For article, "When the Vow Breaks: An Analysis of the Impact of Intrinsic and Extrinsic Factors on Child Custody Resolution," see 41 Wake Forest L. Rev. 1297 (2006). For article, "The Law of Alienation of Affections After McCutchen v. McCutchen: In North Carolina, Breaking Up Just Got Harder To Do," see 85 N.C.L. Rev. 1761 (2007).