I had an order of protection against my husband, but I let him back in the house to work on separating. I have plenty of documentation showing the abuse I would like to know if this is taken into consideration in a court when deciding on alimony payments, I make more than him, but I am also living in our home by myself and paying all the expenses. He actually broke the law because he videotaped me naked without my knowledge. He moved out 4 months ago.
Marital misconduct is considered when determining alimony.
The only type of marital misconduct that serves as a complete bar to alimony is when the dependent spouse committed an act of illicit sexual behavior during the marriage. In that case, the dependent spouse would not be entitled to any alimony assuming the supporting spouse did not also engage in the same marital misconduct.
Otherwise, marital misconduct by the dependent spouse could affect the amount or duration of alimony that they might receive.
Check out our detailed article Will You Owe Your Spouse Alimony After a Divorce?. This explains how alimony is determined, the role of marital misconduct, and explains each type of marital misconduct.
Anna Ayscue
Attorney with Rosen Law Firm Cary • Chapel Hill • Durham • Raleigh • Wake Forest
Rosen Online | Unlimited confidential access to a North Carolina attorney for $199/mo - click here
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 only, a full discussion with an attorney should be undertaken before taking any action. The information posted on this forum is available for public viewing and is not intended to create an attorney client relationship with any individual. These answers are provided for informational purposes only, a person should consult with their own individual legal counsel before taking any action that could affect their legal rights or obligations.
Is videotaping me naked in my bathroom without my consent to use to masterbate with, a reason to deny alimony?
It will not outright bar him from receiving alimony but it could affect the amount and duration.
Anna Ayscue
Attorney with Rosen Law Firm Cary • Chapel Hill • Durham • Raleigh • Wake Forest
Rosen Online | Unlimited confidential access to a North Carolina attorney for $199/mo - click here
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 only, a full discussion with an attorney should be undertaken before taking any action. The information posted on this forum is available for public viewing and is not intended to create an attorney client relationship with any individual. These answers are provided for informational purposes only, a person should consult with their own individual legal counsel before taking any action that could affect their legal rights or obligations.
That’s not considered illicit sexual behavior? Also a crime? That’s hard to believe.
It may or may not be a crime but it is not considered illicit sexual behavior as it is defined by the statutes for alimony purposes.
NCGS Section 50-16.1A(3)(a) defines illicit sexual behavior as “acts of sexual or deviate sexual intercourse, deviate sexual acts, or sexual acts defined in G.S. 14-27.20(4), voluntarily
engaged in by a spouse with someone other than the other spouse.”
NCGS Section 14-27.20(4) states “Cunnilingus, fellatio, analingus, or anal intercourse, but does not include vaginal intercourse. Sexual act also means the penetration, however slight, by any object into the genital or anal opening of another person’s body. It is an affirmative defense that the penetration was for accepted medical purposes.”
Anna Ayscue
Attorney with Rosen Law Firm Cary • Chapel Hill • Durham • Raleigh • Wake Forest
Rosen Online | Unlimited confidential access to a North Carolina attorney for $199/mo - click here
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 only, a full discussion with an attorney should be undertaken before taking any action. The information posted on this forum is available for public viewing and is not intended to create an attorney client relationship with any individual. These answers are provided for informational purposes only, a person should consult with their own individual legal counsel before taking any action that could affect their legal rights or obligations.