Hogue v. Hogue

MORRIS, Judge.

Defendant’s sole assignment of error is to the trial court’s denial and continuance of the motion for alimony and counsel fees pendente lite after having found that the defendant was the dependent spouse and the plaintiff was the supporting spouse. We hold that the motion was properly denied.

G.S. 50-16.3 provides in pertinent part:

“ (a) A dependent spouse who is a party to an action for absolute divorce, divorce from bed and board, annulment, or alimony without divorce, shall be entitled to an order for alimony pendente lite when:(1) It shall appear from all the evidence…