GENERAL ASSEMBLY OF NORTH CAROLINA
HOUSE BILL 763
Committee Substitute Favorable 4/24/13
Short Title: Allow Alimony/Post Sep Supp During Marriage.
April 11, 2013
A BILL TO BE ENTITLED
AN ACT amending the laws pertaining to contracts between a husband and wife to allow a spouse to waive or establish alimony and post separation support during the marriage.
The General Assembly of North Carolina enacts:
SECTION 1. G.S. 52-10 is amended by adding the following new subsection to read:
"(a1) A contract between a husband and wife made, with or without a valuable consideration, during a period of separation to waive, release, or establish rights and obligations to post separation support, alimony, or spousal support is valid and not inconsistent with public policy. A provision waiving, releasing, or establishing rights and obligations to post separation support, alimony, or spousal support shall remain valid following a period of reconciliation and subsequent separation, if the contract satisfies all of the following requirements:
(1) The contract is in writing.
(2) The provision waiving the rights or obligations is clearly stated in the contract.
(3) The contract was acknowledged by both parties before a certifying officer.
A release made pursuant to this subsection may be pleaded in bar of any action or proceeding for the recovery of the rights released."
SECTION 2. G.S. 50-16.6(b) reads as rewritten:
postseparation support, and counsel fees may be barred by an express provision
of a valid separation
agreement or premarital agreement agreement,
premarital agreement, or marital contract made pursuant to G.S. 52-10(a1) so
long as the agreement is performed."
SECTION 3. This act is effective when it becomes law.