GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2011
H D
HOUSE DRH11138-SU-2 (02/23)
Short Title: Alimony/Postseparation Support Changes. |
(Public) |
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Sponsors: |
Representative Rhyne. |
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Referred to: |
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A BILL TO BE ENTITLED
AN ACT to make changes to the law relating to alimony and postseparation support, as recommended by the North Carolina Bar Association.
The General Assembly of North Carolina enacts:
SECTION 1. G.S. 50-11(c) reads as rewritten:
"(c) A divorce
obtained pursuant to G.S. 50-5.1 or G.S. 50-6 shall not affect the
rights of either spouse with respect to any action for alimony or
postseparation support pending at the time the judgment for divorce is granted.granted,
except as provided by G.S. 50-16.1A(4). Furthermore, a judgment of
absolute divorce shall not impair or destroy the right of a spouse to receive
alimony or postseparation support or affect any other rights provided for such
spouse under any judgment or decree of a court rendered before or at the time
of the judgment of absolute divorce.divorce, except as provided by
G.S. 50-16.1A(4)."
SECTION 2. G.S. 50-16.9 is amended by adding a new subsection to read:
"(a1) There is a rebuttable presumption that the voluntary retirement of the supporting spouse after the supporting spouse attains the age of 67 years is not an action in bad faith. Unless the presumption is rebutted, the voluntary retirement of the supporting spouse after the supporting spouse attains the age of 67 years constitutes a change of circumstances, and the court shall consider this change of circumstances when determining whether to modify an alimony or postseparation support order. This subsection applies to any order of alimony, alimony pendent lite, or postseparation support, including any order entered pursuant to a repealed statute."
SECTION 3. G.S. 52-10 is amended by adding a new subsection to read:
"(a1) Any contract between husband and wife, with or without valuable consideration, to waive and release all rights and obligations to postseparation support or alimony is valid and not inconsistent with public policy, if the contract is in writing and is acknowledged by both parties before a certifying officer, and such release may be pleaded in bar of any action or proceeding for the recovery of the rights so released."
SECTION 4. This act is effective October 1, 2011. Section 3 of this act applies to contracts entered into on or after that date.