Loss of consortium


#1

I see the term “loss of consortium (sexual relations)” being used in one of the replies about alienation of affection. Does it have any legal bearing outside that context? What constitutes “loss of consortium” (like a given amount of time)? I understand that NC is a no fault state, but it is also my understanding that circumstances surrounding the divorce are taken into account by the judge when awarding alimony. Is that correct? Would it be advisable to note anywhere that it is a major issue leading to the divorce? If it came to trial, it could be substaniated by a marital counselor we worked with in the past. There have been multiple lengthy (over a year at a time) periods of abstinence due solely to her disinterest; I am not just whining because it isn’t quite as often as I would like. But I don’t know if it has any legal bearing.


#2

Marital fault is considered in alimony determinations. The statutes do not refer to a loss of consortium as martial fault, but depending on the situation, you may be able to fit a loss of consortium into one of the categories defined in the statute:
Marital misconduct” means any of the following acts that occur during the marriage and prior to or on the date of separation:
a. Illicit sexual behavior. For the purpose of this section, illicit sexual behavior means acts of sexual or deviate sexual intercourse, deviate sexual acts, or sexual acts defined in G.S. 14-27.1(4), voluntarily engaged in by a spouse with someone other than the other spouse;
b. Involuntary separation of the spouses in consequence of a criminal act committed prior to the proceeding in which alimony is sought;
c. Abandonment of the other spouse;
d. Malicious turning out-of-doors of the other spouse;
e. Cruel or barbarous treatment endangering the life of the other spouse;
f. Indignities rendering the condition of the other spouse intolerable and life burdensome;
g. Reckless spending of the income of either party, or the destruction, waste, diversion, or concealment of assets;
h. Excessive use of alcohol or drugs so as to render the condition of the other spouse intolerable and life burdensome;
i. Willful failure to provide necessary subsistence according to one’s means and condition so as to render the condition of the other spouse intolerable and life burdensome.