Greetings. The Chapter 31A-1 does not apply until the death of one of the parties to the marriage. There is a case on point which states that the spousal exclusion under this act is made at the time of the parties’ death. So, no, his adultery and abandonment do not bar his property rights. He does not lose his rights to the marital property by participating in adultery or leaving. Best of luck.
Janet L. Fritts
Attorney with Rosen Divorce
4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
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