On a national level, the number of marriages has begun to increase after taking a dive in the couple of years following the COVID-19 pandemic. Even though more people may be getting married now, there are still a significant number of unmarried couples who live together in North Carolina. If you are unmarried, does North Carolina allow a lesser-earning or dependent partner to receive alimony or to seek equitable distribution during a breakup?
Shepenyuk v. Abdelilah
The North Carolina Court of Appeals recently heard a case involving this issue. In Shepenyuk v. Abdelilah, the parties were romantic partners who had lived together for many years. In 2015, they had a religious wedding ceremony in Virginia that was officiated by Defendant’s brother, although there was no evidence to suggest that the brother was authorized by law to conduct a marriage ceremony. The parties never obtained a marriage license.
In 2021, Plaintiff filed for a domestic violence protective order (DVPO) in North Carolina. She alleged that she and Defendant were persons of opposite sex who were not married but lived together. In her statement, she stated they were not legally married, but Defendant filed taxes as jointly married and used her daughter’s child support payments to pay household bills.
Plaintiff was granted an ex parte DVPO in September 2021. At the DVPO hearing one month later, Plaintiff stated that she and Defendant, who she referred to as her husband, were married in 2015. She also testified that they had been living together as husband and wife for over six years, and everyone knew them as a married couple. Defendant states that he had only recently found out they were not legally married. At this hearing, the DVPO complaint was dismissed.
Property Division
In November 2021, Plaintiff filed a petition for partition of real property for the residence where the parties lived. The petition stated that the parties were not legally married. Defendant’s answer to this petition also stated they did not have a valid marriage.
In January 2022, Plaintiff filed a complaint seeking equitable distribution and alimony, stating that she and Defendant had an implied partnership and constructive marriage. In February, she filed an amended complaint requesting that the parties be presumptively treated as husband and wife because of the marriage ceremony that was performed and their belief that they were married, but she also stated that she had never seen a marriage license and wasn’t sure if Defendant’s brother was authorized to conduct the ceremony.
In March 2022, Defendant filed a motion to dismiss that alleged Plaintiff knew the parties were not married. In April, a hearing on the motion to dismiss was held, and the trial court granted the motion based on the fact that no legal marriage existed. Plaintiff appealed.
A marriage is valid in North Carolina if it is valid in the state where it occurred. Virginia state law requires marriages to be under a license to be considered valid. Since the parties in this case never obtained a Virginia marriage license, their marriage is not valid in Virginia, so North Carolina can also not consider the marriage valid. The Court of Appeals determined that the trial court was correct in dismissing Plaintiff’s claim for alimony and equitable distribution because the parties were not and had never been legally married in North Carolina. The lower court’s decision was affirmed.