The opinion
WHICHARD, Judge.
This is an equitable distribution action pursuant to G.S. 50-20, 21, in which the court concluded as a matter of law that an equal division of the marital property was not equitable. It did so based in part upon findings that defendant-wife “began having an adulterous affair . . . and began neglecting the plaintiff and their three minor children” and that this conduct “was a major reason for the break-up of this marriage . . . and . . . was the only serious and significant mistreatment of either party by the other party during the course of this marriage.” It concluded that con
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sideration of “the relative fault of the parties leading to the disintegration of their marriage . . . [was] just and proper.”
Subsequent to entry of this order, this Court held that fault is not a relevant or appropriate consideration in determining an equitable distribution of marital property.
Hinton v. Hinton,
70 N.C. App. 665 , 321 S.E. 2d 161 (1984); see
also Wade v. Wade,
72 N.C. App. 372 , 325 S.E. 2d 260 (1985);
Smith v. Smith,
71 N.C. App. 242 , 322 S.E. 2d 393 (1984). The award here is clearly grounded upon fault-based findings regarding an adulterous affair on the part of defendant-wife. Because the court considered this irrelevant and inappropriate matter in awarding the marital property, the order must be vacated and the cause remanded for a new order based solely upon relevant and appropriate findings.
Vacated and remanded.
Judges WELLS and BECTON concur.