Legal Question in Family Law in North Carolina


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.

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

1 Answer from Attorneys

John McNeil Haas McNeil & Associates, PA

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.

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Answered on 8/19/03, 7:40 pm

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