Can a North Carolina Alimony Claim be Dismissed for Adultery?

North Carolina courts consider certain acts of marital misconduct when ruling on issues like spousal support and alimony. If a dependent spouse is found to have engaged in illicit sexual behavior during the marriage, the court may not award alimony. There are exceptions to this, such as if the other spouse granted permission or if both spouses had affairs, but this is the general rule courts follow when ruling on alimony in North Carolina.

Watson v. Watson

In Watson v. Watson, Wife appealed an order that granted Husband partial summary judgment on her claim for alimony. She also appealed a subsequent order denying her motion seeking an amendment or relief from the partial summary judgment.

The parties were married in 2004, and Wife sought a divorce in 2020, seeking alimony and other relief. After a preliminary hearing was held, the trial court granted Husband partial summary judgment on Wife’s alimony claim. Wife then moved for the summary judgment to be amended or to receive relief from the judgment. This motion was denied in December 2021. Wife appealed both the July and December orders.

What is Summary Judgment?

Summary judgment motions in North Carolina ask the court to determine if any issues with material facts exist and, if not, to enter a judgment without a full hearing. In the Watson case, the trial court granted Husband’s motion for summary judgment based on his presentation of sworn statements from people with whom Wife allegedly had affairs. The Court of Appeals noted multiple points regarding the trial court’s decision:

• Proof similar to the statements Husband provided would not typically be sufficient to warrant summary judgment in a claim for alimony. Since Wife admitted to at least one affair, however, it may have been appropriate in this case.
• Summary judgment would only be appropriate in such a case if the adulterous spouse failed to meet their burden of showing their spouse consented to the affair or engaged in illicit sexual behavior of their own.
• It is ordinarily considered erroneous for courts to rule on a motion for summary judgment when discovery that could lead to relevant evidence is still pending.

Wife in this case had knowledge of suspicious texts, social media messages, and travel records that could establish Husband had engaged in at least one extramarital affair. Husband did not provide these documents in a timely manner, and Wife had filed a motion to compel discovery. The Court of Appeals felt that Husband’s responses to Wife’s discovery might lead to the production of evidence that could support Wife’s argument. The trial court’s order was vacated and remanded for the trial court to consider Husband’s motion following production of the requested discovery documents.