Adultry


#1

In your sample SA there are 4 paragraphs that state

  1. General. From and after the date of this Agreement, it shall be lawful for Husband and Wife to live separate and apart, each from the other, as fully, completely and in the same manner and to the same extent as though they had never been married.

  2. Interference. Husband and Wife each shall be free from interference, restraint, authority and control, direct or indirect, by the other, as fully as if he or she were single and unmarried. Neither party hereto shall hereafter disturb, annoy, molest, harass or in any way interfere with the other, directly or indirectly, nor compel or endeavor to compel the other to cohabit or dwell with him or her.

. Right To Contract. Both Husband and Wife shall have the right to contract and to be fully contracted with, independently of the other, as fully and to all intents and purposes as if they had never been married.

  1. Residence. Subject to the limitations set out herein with respect to the payment of alimony, Husband and Wife may reside at such place or places and reside or associate with such person or persons as each of them may deem fit or as each of them may desire.

reading these give me the impression it is ok to have Sex with someone other than your spouse if you are seperated.

Could you expand on this for me ?


#2

The wording in the agreement acts primarily prevent future alimony issues related to adultery, however adultery is still a crime in the state of North Carolina.


#3

why is the wording stating “as though they had never been married.” does that not mean a person is single!

I am confused! If we can live as though we have never been married then why can we not have sex with someone else?


#4

The way I understand it is that what your spouse could do to you or your girlfriend/boyfriend is a civil matter, and that can be resolved through your agreement like in the statements from your original post. With those clauses, your spouse cannot get you for more alimony or sue the 3rd party for acting as if you were single. The other piece of it thogh is the criminal part, where you could be prosecuted for a crime for having sex with someone who is not your legal spouse. It is actually a misdemeanor in NC. From what I hear, however, the DA has other things to focus on but I’ll let Erin weigh in on how “risky” it is from a criminal perspective. Hope that helps. I’m not clear exactly on how one is caught and turned in, or how the state would prove it, or what they actually do to you for this crime.


#5

The agreement relates to you and your spouse, ie dating, or having sex with someone else will not give rise to any additional claims from your spouse. It does not vitiate a criminal act.


#6

I am still a little confused the wording " as though they have never been married" i take it does NOT RELATE
to sexual activities?? that means that if either of us have sexual activies with someone else while we are seperated is is still illegal ??


#7

That is correct.