Taylor v. Taylor

Judge Greene

dissenting.

I believe the trial judge erred in declaring plaintiff relieved of his obligation to support defendant. I disagree with the majority that the language of N.C. Gen. Stat. Sec. 31A-l(b)(6) creates a bar to defendant’s claim under the separation agreement.

I

Plaintiff asserts that N.C. Gen. Stat. Sec. 31A-1 requires the forfeiture of defendant’s contractual right to alimony because defendant entered into a bigamous marriage.

The relevant portions of Section 31A-1 are found in subsections (a)(5) and (b)(6). Read together, they provide that “[a] spouse who knowingly contracts a…