Does Cheating Bar You from Collecting Alimony in Raleigh, NC?
Does Cheating Bar You from Collecting Alimony in Raleigh, NC?
Most states award alimony to spouses who are financially dependent on their husbands or wives. In North Carolina, however, if a dependent spouse cheats on their supporting spouse before they separated, they could lose the right to alimony1.Under North Carolina law, “illicit sexual behavior” impacts whether alimony is awarded. Infidelity, commonly referred to as cheating, is considered illicit sexual behavior. If your spouse cheated and you’d like to find out if you’re entitled to alimony, we can connect you with divorce lawyers who can determine this.If a supporting spouse cheats in NC, they will be forced to pay alimonyThe North Carolina Judicial Branch website specifically states that if a supporting spouse is found guilty of cheating on the dependent spouse before they had the opportunity to separate, they will be forced to pay alimony. In the event both spouses cheated on each other, then the decision to award alimony remains at the discretion of the judge overseeing the case.It is worth noting that if the cheating was “condoned or forgiven” by the other spouse, the judge may decide to award alimony.How is alimony calculated in North Carolina?There are many factors a judge will consider when determining whether one party is entitled to alimony, some of which include:
Each party’s earning potential
Each party’s income
Age
Education
Health
The length of the marriage
Property owned by both parties
Contributed to the marriage
Marital misconduct
Man standing by bed near window; image by Marcos Paulo Prado, via Unsplash.com.
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