Stegall v. Stegall

Finding that N.C.G.S. § 50-ll(a) acts as an absolute bar of an action for equitable distribution or alimony brought after the divorce, I conclude that the Court of Appeals was correct in determining that plaintiff’s claims in this case were barred.

Chapter 50 establishes the specific rules under which claims for equitable distribution and alimony may be brought. The statute clearly states that such actions may not be brought “[a]fter a judgment of divorce” because at that time, “all rights arising out of the marriage . . . cease.” N.C.G.S. § 50-ll(a) (1993). The statute allows preservation of…