Brady v. Brady

G.S. 50-16, under which this action was brought, was repealed by Chapter 1152 of the 1967 Session Laws, effective 1 October 1967. The Act established G.S. 50-16.1 through G.S. 50-16.10 as the authority and procedure in actions for alimony and alimony pendente lite. Section 9 of the Act provides that it shall not apply to pending litigation. Decision in this case must rest upon our interpretation of G.S. 50-16 as it existed prior to the 1967 enactment. Schloss v. Schloss, 273 N.C. 266, 160 S.E. 2d 5.

The wife may institute action under G.S. 50-16 if the husband separates himself from her and…