North Carolina  |  Family Law

Legal Question

Asked on: 8/19/03, 5:27 pm

alimony

my husband told me alimony would only be paid to me if he had an affair. i have no proof that he has. is this the main reason i could receive alimony? he is under the assumption that i would have to believe he is and this would be the only reason i would be awarded alimony.

1 Answer


Answered on: 8/19/03, 7:40 pm by John McNeil

Re: alimony

Alimony is not based on whether one spouse or the other had an affair. Your husband is not telling you the truth. Alimony is based on the existence of 2 conditions: 1. that there is a supporting spouse, and 2. that there is a dependent spouse. Its amount is based on the dependent spouse's need and the supporting spouse's ability to pay. If the dependent spouse has committed marital misconduct [like adultery] alimony can be denied to the dependent spouse.

My advice to you would be to talk with an attorney about whether those conditions exist. And do not sign anything your husband brings to you. Also remember that if you and your husband divorce prior to filing a claim for alimony your claim, if you have one, could cease to exist.


Did you find this answer helpful?

0 Users found this answer helpful.

0 Attorneys agree with this answer.


Haas McNeil & Associates, PA 3200 Wake Forest Rd., Suite 240 Raleigh, NC 27609

Other answers from this attorney

Didn't find what you were looking for? Ask an Attorney!

Get answers from the top Attorneys
Ask Question

209 Answers given in the last few hours.

8662 Active attorneys ready to answer your question

Search Past Answers:
  Advanced Search