Condie v. Condie

HEDRICK, Judge.

Plaintiff contends, based upon his first assignment of error, that the court erred in denying his motions for a directed verdict with respect to defendant’s counterclaim. He argues that the evidence presented is insufficient to show abandonment of defendant by plaintiff, but does sufficiently show separation by consent. We do not agree.

One spouse abandons the other spouse, within the meaning of the statute establishing abandonment as one of the grounds entitling a dependent spouse to alimony (G.S. § 50-16.2), where the spouse brings the cohabitation to an end without…