Separation and dating nc
Alimony payments occur when one spouse is financially dependent on the other spouse during the duration of the marriage and the court determines, after considering all relevant factors, that it would be fair and just for the supporting spouse to pay for the support and care of the dependent spouse.
One factor that courts use to determine whether the supporting spouse should pay the dependent spouse alimony is whether the supporting spouse committed adultery during the duration of the marriage.
Like criminal conversation, alienation of affection is a civil lawsuit that an innocent spouse can bring against a third-party (not just a paramour).
However, unlike criminal conversation, alienation of affection does not require the innocent spouse to show that actual sexual intercourse took place between the adulterous spouse and a third-party during the marriage.
If they are NOT totally separated (continue to see one another, one spouse "moves back" or the couple has sex) the separation is invalid. I would not worry about it unless you have reason to believe the person will reconcile w/ his/her spouse b/f the one year separation is over.
A divorce can be granted in NC on the basis of one year's separation alone. People drag each other into court here mostly in regard to custody issues, and it is in an attempt to prove someone is an "unfit parent" that adultery charges usually get leveled.
A legal separation stipulates that indeed, the two people will be just that - totally separated.Once the spouses are legally considered separated, North Carolina law would not consider extra-marital relationships as a factor to show the need for alimony payments.