Unfortunately, affairs occur in many marriages across the country. It can be painful and stressful when divorce is pursued due to infidelity. You should speak to our attorneys for advice custom to your situation. However, this post seeks to explain the basics of how marital affairs can affect an alimony claim.
If your spouse has been involved in an affair prior to your date of separation the court will order that alimony be paid. However, if you have participated in an affair before the date of separation there is A COMPLETE BAR to claiming alimony. Where both parties have been involved in an affair prior to separation, the judge has discretion on where either party is entitled to alimony.
Additionally, the court will not consider marital affairs if you knew about the affair and forgave your spouse.
If you still have questions or have questions about your particular case give us a call at (919)- 772- 7000.