## Facts

- The parties married in 1988 and separated in 2006.
- The wife filed claims for postseparation support, alimony, child custody and support, equitable distribution, and attorney’s fees; the husband counterclaimed on custody, child support, and equitable distribution.
- After a multi-day bench trial, the trial court entered an equitable distribution order awarding the wife a distributive award and a separate order denying the wife alimony and related attorney’s fees.
- The trial court found the husband committed extensive physical and verbal abuse against the wife and the children throughout the marriage.
- The trial court also found the wife engaged in uncondoned “illicit sexual behavior” during the marriage before separation, based on evidence of sexual acts with a third party.
- The husband appealed aspects of equitable distribution, including treatment of a Darlington Avenue property; the wife cross-appealed the denial of alimony.

## Issues

1. Whether the equitable distribution order contained sufficient findings and conclusions regarding classification and distribution of the Darlington Avenue property.
2. Whether, under North Carolina’s alimony statute, a dependent spouse’s uncondoned “illicit sexual behavior” requires denial of alimony even when the supporting spouse engaged in severe physical abuse and other misconduct.
3. Whether the evidence supported a finding of “illicit sexual behavior” where the conduct did not necessarily involve completed sexual intercourse.

## Decision

- The court remanded the equitable distribution order for additional findings of fact and conclusions of law concerning the Darlington Avenue property and otherwise affirmed the distribution.
- The court affirmed denial of alimony and related attorney’s fees.
- The court held that, once the trial court finds the dependent spouse engaged in uncondoned “illicit sexual behavior” during the marriage and before separation, the statute requires denial of alimony, leaving no discretion to weigh other marital misconduct.
- The court held the statutory definition of “illicit sexual behavior” includes “other sexual acts” and is not limited to completed intercourse; the evidence supported the trial court’s finding.

## Legal Principles

- In equitable distribution, the trial court must classify property as marital, separate, or divisible; value the property; and distribute it equitably, supported by findings sufficient for appellate review.
- In a bench trial, findings of fact are binding on appeal if supported by competent evidence; conclusions of law are reviewed de novo.
- Under N.C. Gen. Stat. § 50-16.3A(c), if the dependent spouse engaged in “illicit sexual behavior” as defined by § 50-16.1A(3) and the conduct was not condoned by the other spouse, the trial court must deny alimony.
- “Illicit sexual behavior” includes voluntary sexual acts with someone other than one’s spouse occurring during the marriage and before or on the date of separation; it is not limited to sexual intercourse.
- When the statutory bar applies to the dependent spouse, the supporting spouse’s other misconduct—including severe abuse—does not authorize an alimony award contrary to the statute.

## Conclusion

The court required additional equitable distribution findings for a disputed property but otherwise left the distribution intact, and it enforced the statutory mandate that a dependent spouse’s uncondoned illicit sexual behavior bars alimony even in the face of the supporting spouse’s extreme marital misconduct.


Romulus v. Romulus, 715 S.E.2d 308 (N.C. Ct. App. 2011)