The Effect of Reconciliation on Claims Arising From First Marriage

Ashley BenningtonOur North Carolina family law specialist, Ashley D. Bennington, represented a husband in an appeal before the North Carolina Court of Appeals where the question was whether the wife could refile her claims for equitable distribution and alimony arising from the first marriage of the parties.  The Court of Appeals affirmed the trial court’s decision and ruled in favor of our client determining that the wife’s claims were time barred.  A copy of the opinion of the Court of Appeals can be found here:  https://appellate.nccourts.org/opinions/?c=2&pdf=35539.  In the instant case, the parties were separated and divorced in the years 2005 and 2006.  In connection with the initial separation, the parties had claims pending for equitable distribution and alimony.  After a divorce judgment was entered by the Court, but before the issues of equitable distribution and alimony were resolved, the parties reconciled and remarried.  After the remarriage, the parties took a voluntary dismissal of their pending claims for alimony and equitable distribution.  Approximately 10 years after their remarriage, the parties again separated.  Wife filed a lawsuit for equitable distribution and alimony relating to the first marriage of the parties which was dismissed and led to the Court of Appeals decision.

If you have questions about the effect of reconciliation on your claims for equitable distribution or alimony, contact one of our board certified specialists at Black, Slaughter & Black, P.A. in Greensboro, North Carolina.