In North Carolina, adultery is a ground (legal reason) for filing for divorce. Naturally, this will affect the case, often making an already difficult process much more painful. But does infidelity have any other influence on the divorce legal process itself? It can, yes, but perhaps not as much as expected. It may not directly affect child custody, property division, or child support, but it will directly influence a judge's decision when it comes to awarding alimony.
What is The Impact of Adultery on Alimony in North Carolina?
Adultery can impact alimony, according to North Carolina law.
If a cheating spouse is forgiven by the other spouse, then that infidelity will have no bearing on their case. Otherwise, if a spouse cheated on the other before they were separated, then this marital misconduct will be a huge factor when it comes to alimony.
Infidelity affects a divorce case in Raleigh if, for example, a dependent spouse had an affair before the separation, then they cannot be awarded any alimony, regardless of how much they may need the financial support.
If the supporting spouse cheated, then they will be ordered to pay alimony to the other spouse.
Can a Spouse Be Denied Alimony If They Were Cheated On, But They Also Had an Affair?
If both spouses are found guilty of adultery, a judge would have to consider other factors related to alimony, such as each spouse's income, earning capacity, and debt, as well as the length of the marriage and how much each spouse contributed to marital property.
Can Infidelity Affect Property Division?
While it is unlikely that an affair will enter into a court's calculations when it comes to determining child custody, adultery is more likely to have an effect on the equitable distribution of marital property in Raleigh. For example, if an unfaithful spouse took his or her lover on a vacation and gave them gifts, if these gifts were financed with money from a married couple's joint account, then this could directly affect the outcome of property division.
How Does the Timing of Infidelity Affect Alimony Decisions?
The timing of infidelity is crucial in divorce cases. If infidelity occurred before the separation, it can affect the determination of alimony. For the cheating spouse, it may result in being ordered to pay alimony. For the cheating dependent spouse, it may result in being denied alimony. Infidelity that occurs after separation does not typically affect alimony decisions.
Are There any Circumstances Where a Cheating Spouse Might Still Be Awarded Alimony?
Yes, there are circumstances where a cheating spouse might still be awarded alimony, particularly if the supporting spouse's infidelity does not bar the dependent spouse from receiving alimony. Additionally, if the cheating spouse has significant needs or contributed to the marriage in a way that affects their financial situation, the court might still award alimony.
How Can a Raleigh Divorce Attorney Help You?
If you have further questions about the divorce process, do not hesitate to call Hopper Law Office today. An experienced Raleigh divorce attorney can help you understand how North Carolina's laws will weigh in on an adultery case. If you work with our legal team, you can be confident that you are getting the skilled representation that you deserve.
Contact our firm online or call us at (919) 694-4595 today to schedule a consultation with our family law attorneys in Raleigh!