Legal Separation in North Carolina: Divorce From Bed and Board

In North Carolina, the court-ordered separation the divorce statutes provide is a divorce from bed and board under G.S. 50-7, which the courts describe as a judicial separation that leaves the marriage in place. Many couples instead separate by living apart, sometimes under a written separation agreement (G.S. 52-10.1), and North Carolina also has an action for alimony without divorce.

Information last verified on 2026-10-10. This article has not been reviewed by a licensed lawyer.

Jurisdiction scope: This article covers divorce from bed and board under G.S. 50-7 and the related North Carolina statutes it cites on residency (G.S. 50-8), support (G.S. 50-16.1A and 50-16.6), property (G.S. 50-20 and 50-21), absolute divorce (G.S. 50-6 and 50-11), separation agreements (G.S. 52-10 and 52-10.1) and estates (G.S. 31A-1). Where it describes how courts treat a divorce from bed and board, it relies on the UNC School of Government's Trial Judges' Bench Book (2018 replacement chapters). The statute quotations are the text of the North Carolina General Statutes as compiled in mid-2026; check the current code before relying on exact wording. It does not cover child custody or child support in detail, alimony amounts, domestic violence protective orders, court forms or other states' law.

Is there legal separation in North Carolina?

Not under that name in the statutes this page covers. Chapter 50 of the General Statutes, the divorce chapter, distinguishes absolute divorce, which ends the marriage, from divorce from bed and board, which does not.

The UNC School of Government's bench book for trial judges quotes the North Carolina Supreme Court's description:

"A divorce from bed and board is nothing more than a judicial separation, that is, an authorized separation of the husband and wife. A divorce from bed and board merely suspends the effect of the marriage as to cohabitation; it does not dissolve the marriage bond."

So a divorce from bed and board is the closest North Carolina comes to a court-ordered legal separation. The spouses remain married.

A separation does not need a court order to count toward a divorce. Under G.S. 50-6, once the spouses have lived apart for one year, either one may file for an absolute divorce. Some couples also sign a separation agreement to settle property and support.

Divorce from bed and board: grounds (G.S. 50-7)

A divorce from bed and board requires proof of marital misconduct. G.S. 50-7 provides:

"The court may grant divorces from bed and board on application of the party injured, made as by law provided, in the following cases if either party: (1) Abandons his or her family. (2) Maliciously turns the other out of doors. (3) By cruel or barbarous treatment endangers the life of the other. In addition, the court may grant the victim of such treatment the remedies available under G.S. 50B-1, et seq. (4) Offers such indignities to the person of the other as to render his or her condition intolerable and life burdensome. (5) Becomes an excessive user of alcohol or drugs so as to render the condition of the other spouse intolerable and the life of that spouse burdensome. (6) Commits adultery."

G.S. 50-7 lists only these fault grounds; it has no no-fault ground. The bench book states that a plaintiff seeking a divorce from bed and board "must allege and prove acts of misconduct by defendant."

Residency and filing

G.S. 50-8 sets the residency allegation. The complaint must state "that the complainant or defendant has been a resident of the State of North Carolina for at least six months next preceding the filing of the complaint."

The same section also requires a divorce complaint to allege that the grounds have existed for at least six months before filing, but that requirement does not apply "in actions for divorce from bed and board." G.S. 50-8 also requires the complaint in a divorce action to be verified under Rule 11 of the Rules of Civil Procedure and G.S. 1-148.

G.S. 7A-244 makes the district court the proper court, regardless of the amount in controversy, for divorce, equitable distribution, alimony, child support and child custody actions. Under G.S. 50-3, the summons in a divorce proceeding is returnable to the court of the county where either spouse resides.

This page does not link a North Carolina court form for a divorce from bed and board. The clerk of court in the county where you would file can tell you what the court requires.

What the court can order

G.S. 50-7 itself grants the separation. It does not say that the decree divides property or sets custody or support. Those issues are handled through other claims in Chapter 50, such as alimony and equitable distribution.

Alimony and postseparation support. G.S. 50-16.1A(1) defines alimony as support "ordered in an action for divorce, whether absolute or from bed and board, or in an action for alimony without divorce." G.S. 50-16.1A(4) allows postseparation support in the same kinds of actions. The bench book notes that an order for divorce from bed and board "may establish marital misconduct as that term is used in an action for alimony." For how alimony is decided, see North Carolina alimony laws.

Property. Under G.S. 50-21(a), "At any time after a husband and wife begin to live separate and apart from each other, a claim for equitable distribution may be filed and adjudicated, either as a separate civil action, or together with any other action brought pursuant to Chapter 50 of the General Statutes ..." Under G.S. 50-11(e), an absolute divorce obtained in North Carolina destroys the right to equitable distribution unless the right is asserted before the judgment of absolute divorce. G.S. 50-11(e) and (f) allow an action or motion within six months after the divorce judgment only in limited cases: service by publication on a defendant who did not appear, or a divorce by a court that lacked personal jurisdiction over the absent spouse or jurisdiction to dispose of the property. G.S. 50-20(c) calls for an equal division of the net value of marital and divisible property "unless the court determines that an equal division is not equitable."

Children. Child custody and child support have their own sections in Chapter 50 (G.S. 50-13.1 and 50-13.4), and this page does not cover them. See North Carolina child custody laws.

Cruel or barbarous treatment. Where the ground is cruel or barbarous treatment, G.S. 50-7(3) adds that the court "may grant the victim of such treatment the remedies available under G.S. 50B-1, et seq." This page does not cover those remedies.

Effects of a divorce from bed and board

The marriage continues. A divorce from bed and board suspends the marriage as to cohabitation and does not dissolve the marriage bond, according to the decision quoted in the bench book. By contrast, G.S. 50-11(a) provides that after a judgment of divorce "from the bonds of matrimony," all rights arising out of the marriage cease and either party may marry again.

Estates. G.S. 31A-1(a)(1) lists a spouse "from whom a divorce from bed and board has been obtained" among the persons who lose the rights in G.S. 31A-1(b) in the other spouse's estate, which include intestate succession, the elective share, homestead, the year's allowance and the right to administer the estate. The loss falls on the spouse the decree was obtained against. Under G.S. 31A-1(d)(1), during the separation that follows the decree, the spouse who is not at fault may sell or convey property without the other spouse joining. This page does not cover how a bed-and-board decree affects the estate rights of the spouse who obtained it.

Moving from separation to absolute divorce

North Carolina has no procedure that converts a divorce from bed and board into an absolute divorce. The absolute divorce is a separate action under G.S. 50-6:

"Marriages may be dissolved and the parties thereto divorced from the bonds of matrimony on the application of either party, if and when the husband and wife have lived separate and apart for one year, and the plaintiff or defendant in the suit for divorce has resided in the State for a period of six months. A divorce under this section shall not be barred to either party by any defense or plea based upon any provision of G.S. 50-7, a plea of res judicata, or a plea of recrimination."

Living apart for a year is the ground, whether or not any court has granted a separation. G.S. 52-10.2 defines what counts as a resumption of marital relations, and isolated incidents of sexual intercourse between the spouses do not toll the one-year period. For divorce grounds and procedure, see North Carolina divorce laws.

Other options: separation agreements and alimony without divorce

Separation agreements. G.S. 52-10.1 authorizes any married couple to execute a separation agreement "not inconsistent with public policy which shall be legal, valid, and binding in all respects; provided, that the separation agreement must be in writing and acknowledged by both parties before a certifying officer as defined in G.S. 52-10(b)." The bench book explains that agreements made during separation or in anticipation of imminent separation "can address both property and support rights."

G.S. 52-10(a1) provides that a contract between spouses "made, with or without a valuable consideration, during a period of separation to waive, release, or establish rights and obligations to postseparation support, alimony, or spousal support is valid and not inconsistent with public policy." Under G.S. 50-16.6(b), alimony, postseparation support and counsel fees "may be barred by an express provision of a valid separation agreement" so long as the agreement is performed.

Alimony without divorce. A spouse can ask for alimony without filing for any kind of divorce. G.S. 50-16.1A defines alimony to include support ordered "in an action for alimony without divorce," and postseparation support may also be ordered in that action.

Recent amendments. Part I of S.L. 2025-25, titled "Technical Corrections," rewrote the wording of G.S. 50-11 and 52-10 effective June 26, 2025, for example replacing "coverture" with "the marriage" and restating the acknowledgment rule in G.S. 52-10(a) as two numbered items. The quotations on this page are the text after that act.

Disclaimer: This article provides general legal information about divorce from bed and board, separation agreements and related support and property claims under the North Carolina General Statutes, verified on 2026-10-10. It is not legal advice. For advice about a specific situation, consult a lawyer licensed in North Carolina or contact the clerk of court in the county where you would file.

Related

• Legal separation laws in every state
• North Carolina divorce laws
• North Carolina alimony laws
• North Carolina child custody laws
• North Carolina child support laws

Last updated: 2026-10-10.

Frequently Asked Questions

Does North Carolina recognize legal separation?

Not under that name in the statutes this page covers. The court-ordered equivalent is a divorce from bed and board under G.S. 50-7, a judicial separation that suspends cohabitation without ending the marriage.

Do you have to be legally separated before divorcing in North Carolina?

No court order is needed. G.S. 50-6 allows an absolute divorce once the spouses have lived separate and apart for one year and one of them has lived in North Carolina for six months.

What are the grounds for divorce from bed and board in North Carolina?

G.S. 50-7 lists abandonment, maliciously turning the other spouse out of doors, cruel or barbarous treatment endangering life, indignities, excessive use of alcohol or drugs, and adultery. The injured spouse applies and must prove the misconduct.

Can I get alimony in North Carolina without getting divorced?

Yes. G.S. 50-16.1A defines alimony to include support ordered in an action for alimony without divorce or in an action for divorce from bed and board, and postseparation support may be ordered in those actions too.

Does a separation agreement have to be notarized in North Carolina?

G.S. 52-10.1 requires a separation agreement to be in writing and acknowledged by both spouses before a certifying officer as defined in G.S. 52-10(b).

Can a separated spouse inherit in North Carolina?

A spouse from whom a divorce from bed and board has been obtained loses intestate succession, elective share and other estate rights under G.S. 31A-1(a)(1). This page does not cover the estate rights of spouses who separate without a decree.

When can we divide property after separating in North Carolina?

Under G.S. 50-21(a), a claim for equitable distribution may be filed at any time after the spouses begin to live separate and apart, either on its own or together with another Chapter 50 action. Under G.S. 50-11(e), an absolute divorce destroys that right unless the claim is asserted before the judgment of absolute divorce, with limited six-month exceptions in G.S. 50-11(e) and (f).