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Once the spouses are legally considered separated, North Carolina law would not consider extra-marital relationships as a factor to show the need for alimony payments.The North Carolina Court of Appeals held in 2001 that a claim for criminal conversation against a third-party paramour is not barred by the fact that the spouses are legally separated.The court stated in criminal conversation is based on the fact that the parties are married at the time and is based on the policy that spouses have the legal right to exclusive sexual intercourse with each other even if they are legally separated.In order for an innocent spouse to win an alienation of affection claim he/she must show by at least 51% certainty that: A claim for alienation of affection is not necessarily barred by the legal separation of a married couple.However, a claim for alienation of affection requires the innocent spouse to show that the actions of the third-party to the marriage led to the destruction of the love and affection that existed in a marriage.