Dear shell64:
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
RosenDivorce.com
919-787-6668
The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service but a full discussion with an attorney should be undertaken before taking any action.