Marital Misconduct and Spousal Support

In a permanent alimony hearing, the court may also consider the marital fault of either party. In North Carolina, if a dependent spouse has committed adultery, he or she is barred from alimony. If a supporting spouse has committed adultery, the statute mandates payment of alimony. If both spouses have committed adultery, it is within the discretion of the judge as to whether or not alimony will be ordered.