North Carolina § 50-16 - 6. When alimony, postseparation support, counsel fees not payable.

§ 50-16. 6. When alimony, postseparation support, counsel fees not payable.

Repealed by Session Laws 1995, c. 319, s. 4. Alimony, postseparation support, and counsel fees may be barred by an express provision of a valid separation agreement, premarital agreement, or marital contract made pursuant to G.S. 52-10(a1) so long as the agreement is performed. Alimony, alimony pendente lite, and counsel fees may be barred by an express provision of a valid separation agreement so long as the agreement is performed." History (1871-2, c. 193, s. 39; Code, s. 1292; Rev., s. 1567; 1919, c. 24; C.S., s. 1667; 1921, c. 123; 1923, c. 52; 1951, c. 893, s. 3; 1953, c. 925; 1955, cc. 814, 1189; 1967, c. 1152, s. 2; 1995, c. 319, s. 4; c. 509, s. 135.3(f); 2013-140, s. 2.) Editor's Note. - Session Laws 1995, c. 319, which amended this section, in s. 12 provides that this act applies to civil actions 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. This section, prior to the amendment by Session Laws 1995, c. 319, read as follows: " When alimony not payable. "(a) Alimony or alimony pendente lite shall not be payable when adultery is pleaded in bar of demand for alimony or alimony pendente lite, made in an action or cross action, and the issue of adultery is found against the spouse seeking alimony, but this shall not be a bar to reasonable counsel fees. Effect of Amendments. - Session Laws 2013-140, s. 2, effective June 19, 2013, substituted "agreement, premarital agreement, or marital contract made pursuant to G.S. 52-10(a1) " for "agreement or premarital agreement" in subsection (b). Legal Periodicals. - For article, "Proposed Reforms in North Carolina Divorce Law," see 8 N.C. Cent. L.J. 35 (1976). For article dealing with marriage contracts as related to North Carolina law, see 13 Wake Forest L. Rev. 85 (1977). For comment on the enforceability of arbitration clauses in North Carolina separation agreements, see 15 Wake Forest L. Rev. 487 (1979). For article on the rights of individuals to control the distributional consequences of divorce by private contract and on the interests of the State in preserving its role as a third party to marriage and divorce, see 59 N.C.L. Rev. 819 (1981). For survey of 1982 law relating to family law, see 61 N.C.L. Rev. 1155 (1983). For 1984 survey, "The Brief Death of Alienation of Affections and Criminal Conversation in North Carolina," see 63 N.C.L. Rev. 1317 (1985). For note, "Post-Separation Failure to Support a Dependent Spouse as a Sole Ground for Alimony Despite the Absence of Marital Misconduct Before Separation - Brown v. Brown," see 15 Campbell L. Rev. 333 (1993).