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GALLOWAY v. GALLOWAY

No. 7810DC381.

253 S.E.2d 41 (1979)

40 N.C. App. 366

Gwen Webb GALLOWAY v. Frankie GALLOWAY.

Court of Appeals of North Carolina.

March 20, 1979.

Attorney(s) appearing for the Case

William A. Smith, Jr., Raleigh, for plaintiff-appellant.

Birzon & Henry, P. A. by Nora B. Henry, Bailey, for defendant-appellee.

MITCHELL, Judge.

Only a dependent spouse is entitled to alimony or alimony pendente lite. G.S. 50-16.2 and 16.3. A dependent spouse is by definition married to a supporting spouse since a dependent spouse always has a spouse "upon whom [he or she] is actually substantially dependent or from whom [he or she] is substantially in need of maintenance and support." G.S. 50-16.1(3) and (4). Conversely, a supporting spouse is by definition married to a dependent spouse....

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