§ 50-16.1A. Definitions. - North Carolina Statutes

§ 50‑16.1A. Definitions.

As used in this Chapter,unless the context clearly requires otherwise, the following definitions apply:

(1)        "Alimony"means an order for payment for the support and maintenance of a spouse orformer spouse, periodically or in a lump sum, for a specified or for anindefinite term, ordered in an action for divorce, whether absolute or from bedand board, or in an action for alimony without divorce.

(2)        "Dependentspouse" means a spouse, whether husband or wife, who is actually substantiallydependent upon the other spouse for his or her maintenance and support or issubstantially in need of maintenance and support from the other spouse.

(3)        "Maritalmisconduct" means any of the following acts that occur during the marriageand prior to or on the date of separation:

a.         Illicit sexualbehavior. For the purpose of this section, illicit sexual behavior means actsof sexual or deviate sexual intercourse, deviate sexual acts, or sexual actsdefined in G.S. 14‑27.1(4), voluntarily engaged in by a spouse withsomeone other than the other spouse;

b.         Involuntaryseparation of the spouses in consequence of a criminal act committed prior tothe proceeding in which alimony is sought;

c.         Abandonment of theother spouse;

d.         Malicious turningout‑of‑doors of the other spouse;

e.         Cruel or barbaroustreatment endangering the life of the other spouse;

f.          Indignitiesrendering the condition of the other spouse intolerable and life burdensome;

g.         Reckless spending ofthe income of either party, or the destruction, waste, diversion, orconcealment of assets;

h.         Excessive use ofalcohol or drugs so as to render the condition of the other spouse intolerableand life burdensome;

i.          Willful failure toprovide necessary subsistence according to one's means and condition so as torender the condition of the other spouse intolerable and life burdensome.

(3a)      through (3d) Reserved for future codification purposes.

(3e)      "Payor"means any payor, including any federal, State, or local governmental unit, ofdisposable income to an obligor. When the payor is an employer, payor meansemployer as defined under 20 U.S.C. § 203(d) of the Fair Labor Standards Act.

(4)        "Postseparationsupport" means spousal support to be paid until the earlier of any of thefollowing:

a.         The date specifiedin the order for postseparation support.

b.         The entry of anorder awarding or denying alimony.

c.         The dismissal of thealimony claim.

d.         The entry of ajudgment of absolute divorce if no claim of alimony is pending at the time ofentry of the judgment of absolute divorce.

e.         Termination ofpostseparation support as provided in G.S. 50‑16.9(b).

Postseparationsupport may be ordered in an action for divorce, whether absolute or from bedand board, for annulment, or for alimony without divorce. However, ifpostseparation support is ordered at the time of the entry of a judgment ofabsolute divorce, a claim for alimony must be pending at the time of the entryof the judgment of divorce.

(5)        "Supportingspouse" means a spouse, whether husband or wife, upon whom the otherspouse is actually substantially dependent for maintenance and support or fromwhom such spouse is substantially in need of maintenance and support. (1995, c. 319, s. 2; 1998‑176,s. 8; 2005‑177, s. 1.)