A BILL TO BE ENTITLED
AN ACT amending the laws pertaining to contracts between a husband and wife to allow a spouse to waive or establish alimony and post separation support during the marriage.
The General Assembly of North Carolina enacts:
SECTION 1.  G.S. 52‑10 is amended by adding the following new subsection to read:
"(a1)	A contract between a husband and wife made, with or without a valuable consideration, during a period of separation to waive, release, or establish rights and obligations to post separation support, alimony, or spousal support is valid and not inconsistent with public policy. A provision waiving, releasing, or establishing rights and obligations to post separation support, alimony, or spousal support shall remain valid following a period of reconciliation and subsequent separation, if the contract satisfies all of the following requirements:
(1)	The contract is in writing.
(2)	The provision waiving the rights or obligations is clearly stated in the contract.
(3)	The contract was acknowledged by both parties before a certifying officer.
A release made pursuant to this subsection may be pleaded in bar of any action or proceeding for the recovery of the rights released."
SECTION 2.  G.S. 50‑16.6(b) reads as rewritten:
"(b)	Alimony, postseparation support, and counsel fees may be barred by an express provision of a valid separation agreement, premarital agreement, or marital contract made pursuant to G.S. 52‑10(a1) so long as the agreement is performed."
SECTION 3.  This act is effective when it becomes law.