Wilhelm v. Wilhelm

MARTIN (Harry C.)( Judge.

This case appears to be of first impression in North Carolina. The determinative question on this appeal is: Is plaintiff’s action for divorce from bed and board a pending action asserting a dependent spouse’s rights with respect to “alimony,” within the meaning of N.C.G.S. 50-6, as amended effective 16 June 1978? We answer yes, and accordingly reverse the trial court’s order.

The pertinent portion of the statute in effect when defendant instituted his action for absolute divorce, 2 August 1978, reads:

Notwithstanding the provisions of G.S. 50-11, or of the common law,…