Difference between revisions of "Marital Misconduct"
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(Created page with "<table align="right" style="background-color:#F8F9FA; align:right; border:1px solid grey;padding:10px;width:300px;font-size:80%;margin-left:10px;"> <tr><td style="font-size:120%; text-align:center; padding-bottom:5px;" colspan="2"><b>Marital Misconduct</b><br></td><tr> <tr><td style="padding-right:10px"><b>Statutes</b>:</td><Td>[https://www.ncleg.net/enactedlegislation/statutes/html/bysection/chapter_50/gs_50-16.1a.html N.C.G.S. § 50-16.1A(3)]</td></tr> <tr><Td style="...") |
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'''Marital Misconduct''' is any of the eight improper acts defined by § 50-16.1A(3) as marital misconduct. Such acts must be done during the marriage, prior to the [[Date of Separation]] to qualify. Drug abuse, cheating, and committing crimes leading to jail time are all marital misconduct. There are several legal claims that could be related to marital misconduct. However, generally it is primarily relevant to alimony. A dependent spouse can lose their alimony claim for committing misconduct or gain a large alimony payment for their spouse's misconduct. | |||
==The Statute== | |||
These are the acts defined by § 50-16.1A(3) as misconduct: | |||
# 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. | |||
==References== | ==References== | ||
Revision as of 11:18, 14 October 2022
| Marital Misconduct | |
| Statutes: | N.C.G.S. § 50-16.1A(3) |
| Description | Marital misconduct are improper acts done during the marriage, prior to the Date of Separation. |
| Takeaway | Marital misconduct is primarily a factor in alimony. |
Marital Misconduct is any of the eight improper acts defined by § 50-16.1A(3) as marital misconduct. Such acts must be done during the marriage, prior to the Date of Separation to qualify. Drug abuse, cheating, and committing crimes leading to jail time are all marital misconduct. There are several legal claims that could be related to marital misconduct. However, generally it is primarily relevant to alimony. A dependent spouse can lose their alimony claim for committing misconduct or gain a large alimony payment for their spouse's misconduct.
The Statute
These are the acts defined by § 50-16.1A(3) as misconduct:
- 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.