House Bill 1110


#1

I’ve read the Bill. So, I’m separated…can I now have sex after the Bill is in affect? I understand that the paramour can no longer be sued, per the bill…but wasn’t sure if that implied that I can have sex while separated.

And…is the Bill passed and in affect? My attorney says it did not pass the Senate vote yet?
thks


#2

It has been signed by the governor and is supposed to become a law on 10/1, according to what I’ve read online.

I did a search on google as ‘house bill 1110 senate’ and there was a link directly to the bill, showing the governor had signed it.


#3

I saw that too…so if the House and the Governor sign it, is it finalized? My attny says it still has to go to Senate vote. either way I would assume it would pass senate vote if house and gov support it.


#4

When did your atty tell you that? The site I’m looking at says the senate passed the 2nd and 3rd readings on 7/08. In case you don’t see it, here is what it says:

04/06/2009 House Filed
04/07/2009 House Passed 1st Reading
04/07/2009 House Ref to the Com on Ways and Means/Broadband Connectivity, if favorable, Judiciary II
04/30/2009 House Reptd Fav Com Substitute
04/30/2009 House Re-ref Com On Judiciary II
05/12/2009 House Reptd Fav Com Sub 2
05/12/2009 House Cal Pursuant Rule 36(b)
05/12/2009 House Placed On Cal For 5/13/2009
05/13/2009 House Amend Adopted 1
05/13/2009 House Amend Failed 2
05/13/2009 House Passed 2nd Reading
05/14/2009 House Amend Failed 3
05/14/2009 House Passed 3rd Reading
05/14/2009 Senate Rec From House
05/19/2009 Senate Ref To Com On Judiciary I
07/07/2009 Senate Reptd Fav Com Substitute
07/07/2009 Senate Com Substitute Adopted
07/08/2009 Senate Amend Failed #1
07/08/2009 Senate Passed 2nd & 3rd Reading
07/13/2009 House Rec To Concur S Com Sub
07/13/2009 House Ref To Com On Judiciary II
07/16/2009 House Withdrawn From Com
07/16/2009 House Cal Pursuant Rule 36(b)
07/20/2009 House Placed On Cal For 7/21/2009
07/22/2009 House Concurred In S/Com Sub
07/23/2009 Ratified
07/24/2009 Pres. To Gov. 7/24/2009
08/03/2009 Signed By Gov. 8/3/2009
08/03/2009 Ch. SL 2009-400


#5

Not to hijack your post, but I’m curious about this as well. Does it matter if you separated prior to Oct 1st or does it only count if you separate after it is a law?


#6

As I read it…it doesn’t matter when you are separated, because it’s not addressing Separation per se. It’s addressing the aa and cc issue, and it is protecting the person who u have sex or aledged alienation of affection with.

So they can no longer get sued. I agree that the affective date is Oct1…so any aa or cc after that date is not subject to lawsuit.

To me…it indirectly implies that I (being separated) can have sex while separated. But I’m just not sure…as I don’t know if 1110 removes adultery or not. Not that adultery is that big an issue since NC is a no fault state…but it is one of the 12-13 factors in deciding alimony.


#7

Here is what I found:
I read through this and believe this to mean that they are clarifying some unclear points in the General Assembly Statutes.

  1. You can no longer file for AA or CC for an act that occurs after the date of separation. Basically, meaning that adultery occuring after the separation date does not “count” as adultery.
  2. The 3 year statute of limitations is re-stated and clarified that the clock starts from the last act by the defendant. Not when the act is disclosed or discovered.
  3. You can not file suit against a company or group.

This is what I think the statements mean…I could be wrong and hopefully we’ll get the attorney’s response if this is correct.


#8

The law is effective October 1. This means that if you have sex with someone after you separate, and after October 1 no action can be perused.


#9

Does that mean your stbx cannot also come back for more alimony if they find out you are sleeping with someone after Oct 1?

What happens if on Oct 2 your stbx finds out you had an affair with the person prior to separation? Does the new law help you then?


#10

Alimony is unrelated to alienation claims and criminal conversation claims.
The new law does not protect you if your spouse finds out October 2, it says that as of October 1, acts that occur after the date of separation cannot be used as the basis of a third party claim,


#11

That makes sense. If a couple started dating/having sex after separation, the judge wouldn’t use that in determining alimony right?


#12

whyme…i think that the judge could still use that against you for alimony…but that’s just my uneducated opinion. Alimony is subjectively decided by the judge, using about 13 different variables…adultery being one of them.

Now … on the other hand…this Bill indirectly implies that sex during separation is ok. it takes the paramour off the hook from lawsuits…but we are still on it, unless the bill implication is allowing adultery. Or…maybe it’s just that some people have sex allowed per their sep agreement…I just don’t know.