I asked a virtually identical question a couple weeks ago. Here is a repost of my question and Ms. Clarey's response:
My wife and I are negotiating a separation agreement and one of the clauses we discussed was being able to proceed with our lives in a manner as if we weren't married. In other words, we agree we should each be allowed to date and be intimate with others.
I was under the impression that NC law states that even if you're separated, it is still considered adultery. Is that indeed the law written in stone, or is it the sort of thing where both people can agree they are allowed to date others?
Ms. Clarey's response:
You are correct. Adultery is still a crime in this state, and you cannot agree to commit a crime, however in so far as the rights between spouses any agreement that states you may live as if you were unmarried will prevent your spouse from coming after you and using adultery to bolster and alimony claim.