McKnight v. McKnight

HEDRICK, Judge.

Assignments of error 1, 2, 4, 6 and 10 raise the question of whether plaintiff’s claim under the provisions of the separa tion agreement entered into on 17 January 1969 is barred by the judgment of absolute divorce entered on 19 January 1970.

G.S. 50-11 (a) in pertinent part provides: “After a judgment of divorce from the bonds of matrimony, all rights arising out of the marriage shall cease and determine . . . . ”

Defendant argues that since plaintiff’s claim is based on a right arising out of the marriage it did not survive the judgment of absolute divorce because of the plain…