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. Enacted June 19, 2013. Effective June 19, 2013.
Bill Summaries: H763 ALLOW ALIMONY/POST SEP SUPP DURING MARRIAGE.
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Summary date: Jun 24 2013 - View Summary
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Bill H 763 (2013-2014)Summary date: Apr 24 2013 - View Summary
Amends GS 52-10(a1) to clarify that the contract between a husband and wife permitted by this section is a contract that is made during a period of separation. Also provides that the contract remains valid following a period of reconciliation and subsequent separation and requires that the provision waiving the rights or obligations be clearly stated in the contract.
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Bill H 763 (2013-2014)Summary date: Apr 12 2013 - View Summary
Amends GS 52-10 adding subsection (a1) allowing a husband and wife to contract to waive, release, or establish rights and obligations to post separation support, alimony, or spousal support, with or without valuable consideration, as long as the contract is in writing and acknowledged by both parties before a certifying officer. Such a release is allowable as evidence in a proceeding in which a party is seeking recovery of the rights released.
Amending GS 50-16.6(b) expanding the types of contracts having express provisions that may bar alimony, post separation support and counsel fees to include a valid separation agreement, premarital agreement or marital contract made pursuant to GS 52-10(a1).