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A sexless marriage is a marital union in which little or no sexual activity occurs between the two spouses.
In some jurisdictions, a sexless marriage can be grounds for divorce. This is often referred to in legal terms as ?alienation of affection? or ?constructive abandonment.? These terms imply that by withholding sexual intimacy, one spouse is depriving the other of a fundamental marital right.
Withholding love and affection, including sex, could therefore fall under the category of constructive abandonment. To successfully prove constructive abandonment by withholding sex, you must show that your spouse is withholding sex willfully and that the behavior is beyond that of a normal marriage.
The strength of a plaintiff's claims for alienation of affection and criminal conversation depends on many factors, including the length of the marriage, the length of the affair, whether the married couple had young children, and whether the paramour knew or was friends with the jilted spouse before or while having an ...
In any case, a sexless marriage can lead to a no-sex divorce. While North Carolina is a no-fault divorce state, a sexless marriage can qualify as grounds for other factors. You might be able to get alimony or spousal support awarded if your spouse is cheating on you and not having sex with you.