What constitutes marital misconduct with respect to PSS and Alimony cases?
First, for an act to come within the statutory definition of “martial misconduct” the act must be committed by a spouse during the parties’ marriage and prior to or on the date of separation. N.C. Gen. Stat. ยง 50-16.1A(3) lists nine (9) categories of acts that constitute marital misconduct. The nine (9) categories are as follows: (a) illicit sexual behavior which the spouse voluntarily engaged in with someone other than his or her marriage partner; (b) involuntary separation of the spouses in consequence of a criminal act committed prior to the proceeding in which alimony is sought; (c) abandonment of the other spouse; (d) malicious turning out of doors of the other spouse; (e) cruel and barbarous treatment endangering the life of the other spouse; (f) indignities rendering the condition of the other spouse intolerable and life burdensome; (g) reckless spending of the income of either party, or the destruction, waste, diversion, or concealment of assets; (f) excessive alcohol or drug u
