Schloss v. Schloss

Our sole concern upon this appeal is with an order awarding subsistence and counsel fees to the plaintiff pendente lite in her action for alimony without divorce. The rights of the parties are governed by G.S. 50-16, since this litigation began prior to the repeal of that statute by the Session Laws of 1967, chapter 1152. The 1967 Act provides expressly that it shall not apply to pending litigation.

The pertinent provisions of G.S. 50-16 are:

“If any husband shall separate himself from his wife and fail to provide her * * * with the necessary subsistence according to his means and condition in…