Tuesday, April 15, 2014

NORTH CAROLINA Part 68

According to Nancy E. LeCroy’s writings in the North Carolina Law Review in 1996, in addition to making several alterations to the alimony statute, the new legislation repealed certain provisions of the statute and replaced them with three new sections. The first, North Carolina General Statute section 50-16.1A, is the new definitional section of the alimony statute, which retains most of the old definitions with some alterations and additions. The second new provision is section 50- 16.2A, which creates an entirely new category, “post-separation support.” Under section 50-16.1A(4), “post-separation support” is defined as “spousal support to be paid until the earlier of either the date specified in the order of post-separation support, or an order awarding or denying alimony.” This new type of support effectively replaced the old “alimony pendente lite” that was used prior to the new legislation to achieve essentially the same result.

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