It is worth noting that if the cheating was “condoned or forgiven” by the other spouse, the judge may decide to award alimony.
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 alimony
The 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
Now, if you’re wondering just how much you might be entitled to collect in alimony, you should know that North Carolina does not use any formulas or guidelines to determine this. Instead, they take into account the above-mentioned factors along with other facts from the case.
However, there are skilled Raleigh divorce lawyers who assess your circumstances and estimate just how much you might be entitled to collect.
Find out if you might be entitled to collect alimony
If you’re a dependent spouse and are getting a divorce, we can place you in contact with the North Carolina divorce lawyers who can estimate how much you might be entitled to collect in alimony. While there is no guarantee you’ll receive it, it’s always a good idea to enter the court proceedings prepared.
Divorce lawyers not only help individuals understand their rights in a divorce, but they help protect them and exercise them if they are overlooked. This means if your spouse attempts to tarnish your name as a way to reduce your chances of collecting alimony, your lawyer will be there to defend you.
In the event you have minor children involved, you can also consult with child custody lawyers to learn more about how North Carolina awards custody and what your chances are of obtaining a fair and favorable outcome. Contact USAttorneys.com today to get connected with a lawyer near you.
Have questions about this article or a legal concern? Call 800-672-3103.
Source:
1. https://www.nccourts.gov/help-topics/divorce-and-marriage/separation-and-divorce#alimony-7481
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