Owens v. Owens

CLARK, Judge.

Where adultery is pleaded in bar in an action for alimony or alimony pendente lite, an award will not be sustained in the absence of the finding of fact on the issue of adultery in favor of the party seeking the award. G.S. 50-16.6 (a) ; Foster v. Foster, 25 N.C. App. 676, 214 S.E. 2d 264 (1975).

In support of the trial court’s ruling that the evidence of adultery by the plaintiff was not sufficient to submit to the jury, plaintiff contends that the defendant offered evidence of opportunity but not inclination, and relies on the following statement in Hicks v. Hicks, 4 N.C. App.…