Yes you can petition the court for alimony providing you are not proved to have had extra bedtime activities with anyone other than your current husband prior to seperation.
Some bedtime reading for you...
§ 50-16.3A. (For applicability see editor's
note) Alimony.
(a) Entitlement. -- In an action brought pursuant to
Chapter 50 of the General Statutes, either party may move for
alimony. The court shall award alimony to the dependent spouse
upon a finding that one spouse is a dependent spouse, that the
other spouse is a supporting spouse, and that an award of alimony
is equitable after considering all relevant factors, including
those set out in subsection (b) of this section. If the court
finds that the dependent spouse participated in an act of illicit
sexual behavior, as defined in G.S. 50-16.1A(3)a., during the
marriage and prior to or on the date of separation, the court
shall not award alimony. If the court finds that the supporting
spouse participated in an act of illicit sexual behavior, as
defined in G.S. 50-16.1A(3)a., during the marriage and prior to
or on the date of separation, then the court shall order that
alimony be paid to a dependent spouse. If the court finds that
the dependent and the supporting spouse each participated in an
act of illicit sexual behavior during the marriage and prior to
or on the date of separation, then alimony shall be denied or
awarded in the discretion of the court after consideration of all
of the circumstances. Any act of illicit sexual behavior by
either party that has been condoned by the other party shall not
be considered by the court.
The claim for alimony may be heard on the merits prior to
the entry of a judgment for equitable distribution, and if
awarded, the issues of amount and of whether a spouse is a
dependent or supporting spouse may be reviewed by the court after
the conclusion of the equitable distribution claim.
(b) Amount and Duration. -- The court shall exercise its
discretion in determining the amount, duration, and manner of
payment of alimony. The duration of the award may be for a
specified or for an indefinite term. In determining the amount,
duration, and manner of payment of alimony, the court shall
consider all relevant factors, including:
(1) The marital misconduct of either of the
spouses. Nothing herein shall prevent a court from considering
incidents of post date-of-separation marital misconduct as
corroborating evidence supporting other evidence that marital
misconduct occurred during the marriage and prior to date of
separation;
(2) The relative earnings and earning capacities of
the spouses;
(3) The ages and the physical, mental, and
emotional conditions of the spouses;
(4) The amount and sources of earned and unearned
income of both spouses, including, but not limited to, earnings,
dividends, and benefits such as medical, retirement, insurance,
social security, or others;
(5) The duration of the marriage;
(6) The contribution by one spouse to the
education, training, or increased earning power of the other
spouse;
(7) The extent to which the earning power,
expenses, or financial obligations of a spouse will be affected
by reason of serving as the custodian of a minor child;
(8) The standard of living of the spouses
established during the marriage;
(9) The relative education of the spouses and the
time necessary to acquire sufficient education or training to
enable the spouse seeking alimony to find employment to meet his
or her reasonable economic needs;
(10) The relative assets and liabilities of the
spouses and the relative debt service requirements of the
spouses, including legal obligations of support;
(11) The property brought to the marriage by either
spouse;
(12) The contribution of a spouse as homemaker;
(13) The relative needs of the spouses;
(14) The federal, State, and local tax
ramifications of the alimony award;
(15) Any other factor relating to the economic
circumstances of the parties that the court finds to be just and
proper.
(16) The fact that income received by either party
was previously considered by the court in determining the value
of a marital or divisible asset in an equitable distribution of
the parties' marital or divisible property.
(c) Findings of Fact. -- The court shall set forth the
reasons for its award or denial of alimony and, if making an
award, the reasons for its amount, duration, and manner of
payment. Except where there is a motion before the court for
summary judgment, judgment on the pleadings, or other motion for
which the Rules of Civil Procedure do not require special
findings of fact, the court shall make a specific finding of fact
on each of the factors in subsection (b) of this section if
evidence is offered on that factor.
(d) In the claim for alimony, either spouse may request a
jury trial on the issue of marital misconduct as defined in G.S.
50-16.1A. If a jury trial is requested, the jury will decide
whether either spouse or both have established marital
misconduct. (1995, c. 319, s. 2; c. 509, s. 135.2(b); 1998-176,
s. 11.)
