AA vs CC

Dear lostboy:

Greetings. It sounds to me like you may be eligible for alimony from your wife. Alimony depends on a number of circumstances, but if at the time of separation she was helping to support you, you should be able to receive alimony from her.

Also, yes it sounds like you have an AoA claim against the first fellow and a CC claim against the second fellow. First, before you consider either of these claims, you need to come to financial terms with your spouse.

My advice is that you retain an attorney to negotiate with her for your alimony and property division. Best of luck.

Janet L. Fritts
Attorney with Rosen Divorce
4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607

The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service but a full discussion with an attorney should be undertaken before taking any action.

The situation is this. My wife moved out four months ago. We have no separation agreement, because has has been unable to discuss anything substantial with me and continues to deny everything except the fact that she doesn’t want to be married, but she won’t talk about what she does want. The only thing that she has said definately is that she wants to sell the house. I found out just before she left that she had been seeing another man for several months. I confronted her but she denied it. I don’t have photos or anything, but do have phone and email records. Some of the emails indicate that they discussed her ending the marriage and all expressed their love and commitment to each other and hopes for a future together. When she left, she rented an apartment, but it has now come to my attention that she has abandoned the relationship which she left me for and now moved in with someone else. My life just keeps getting better! I have no proof of this second affair, but could hire a PI to document it if it were worth anything. I have a small business which I started three years ago. I was able to do this because of my wife’s job promotions and benefits allowed for us to cover expenses during the startup. The business continues to grow but has not done as well as we both had hoped, so for this period, she has been the main bread winner. Prior to this I was the primary provider and for many years the only provider, but right now can’t cover expenses without her help. Do either of her other relationships have any impact on my position? Do either alienation of affection or criminal conversation fit either of these situations? What else should I consider?

Thank you.