House committee substitute makes the following changes to 1st edition. Deletes proposed GS 52-10(al) concerning contracts between a husband and wife to waive and release all rights and obligations to postseparation support or alimony. Makes conforming change.
Bill H 706 (2011-2012)Summary date: Jun 1 2011 - More information
Bill H 706 (2011-2012)Summary date: Apr 6 2011 - More information
Amends GS 50-11(c) to specify that a divorce obtained pursuant to GS 50-5.1 or GS 50-6 must not affect the rights of either spouse with respect to any action for alimony or postseparation support pending at the time the divorce is granted, except as provided by GS 50-16.1A(4). Adds a similar exception for an absolute divorce.
Amends GS 50-16.9 to create a rebuttable presumption that the voluntary retirement of the supporting spouse after that spouse attains the age of 67 years is not an action in bad faith, and, unless rebutted, constitutes a change in circumstances that a court must consider in determining whether to modify an alimony or postseparation support order.
Amends GS 52-10 to specify that any contract between a husband and wife to waive and release all rights and obligations to postseparation support or alimony is valid and not inconsistent with public policy, if it is in writing and acknowledged by both parties before a certifying officer. Applies to contracts entered into on or after October 1, 2011.
Effective October 1, 2011.