Mercer v. Mercer

G.S. 50-16 under which plaintiff seeks relief provides two remedies — one, for alimony without divorce, and the other, for a reasonable subsistence and counsel fees pending the trial and final disposition of the issues involved in such action. Fogartie v. Fogartie, 236 N.C. 188, 72 S.E. 2d 226, and cases there cited.

G.S. 50-16 provides, that “if any husband shall separate himself from his wife and fail to provide her . . . with the necessary subsistence according to his means and condition in life, ... , or be guilty of any misconduct or acts that would be or constitute cause for divorce,…