Merritt v. Merritt

The fifth issue submitted to the jury in the original trial involves a question of law. The answer thereto was for the judge and not for the jury. It constitutes no proper basis for a judgment requiring plaintiff to continue to pay defendant alimony after the dissolution of the marital status.

G.S. 50-11 expressly provides that “After a judgment of divorce from the bonds of matrimony, all rights arising out of the marriage shall cease and determine . . .” The judge entering a decree of divorce a vinculo is without jurisdiction to enter an order requiring the husband to continue to support his…