Hamilton v. Hamilton

COPELAND, Justice.

The only assignment of error properly before this Court is whether the absolute divorce granted to defendant bars plaintiff’s right to alimony in this case. Because we find that it does not, the decision of the Court of Appeals is affirmed.

The defendant correctly points out that a dependent spouse’s right to alimony is controlled by G.S. 50-16.2. He argues that this plaintiff is denied that right because at the time of the award, she was not a “dependent spouse” as defined in G.S. 50-16.1(3) because she was not a spouse. Furthermore, the defendant claims alimony in this…