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When is an Alimony Claim Barred?

In Separation & Divorce by Carly Baker

Alimony. One simple word can ignite passions rarely seen in other areas of the law. This can be attributed to the fact that North Carolina is an “absolute divorce” state, which does not consider the element of fault when legally severing a marriage. As a result, a couple’s opportunity to have their “day in court” and establish who misbehaved during the marriage generally comes in the context of a lawsuit for alimony. Like any great drama, alimony can encompass issues like infidelity, marital misconduct, a couple’s standard of living, and money. However, before a court can hear any of this evidence, parties will provide evidence as to the threshold questions of whether the spouse requesting alimony is entitled to it, or whether that spouse is barred from receiving alimony payments. …