Adultery and alimony


#1

Dear tiredofwaiting:

Greetings. First, if you committed adultery during the marriage, or shortly after the date of separation, then your wife’s alimony claim becomes stronger. Yes, you may owe your wife a couple of hundred dollars a month for approximately one year in alimony, but it would likely cost her more in attorney fees then you would pay. I would advise that you agree on some amount, BUT if you are left paying all the marital debt, then you may not technically still be able to pay the support. You should speak with an attorney about the entire situation…as knowledge is power and it would be worth the cost. Good luck.

Janet L. Fritts
Attorney with Rosen Divorce
4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.256.1665 direct fax

10925 David Taylor Drive, Suite 100
Charlotte, North Carolina 28262
704.644.2831 main voice
704.307.4595 main fax

ROSENDIVORCE.COM

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.


#2

My wife left me last May. After she left, she started to follow me and hired a private investigator. Keep in mind, she had already left approx. 10 times during our marriage and then she would come back a few days later. We were only married 3 years and have had no children. Anyway, she hired a PI who followed me (After she left for the last time) and she says she has receipts where another woman and myself ate dinner and went to a hotel. She also claims to have cell phone records where this woman and i talked before she left. We worked together so I am sure that is possible. However, the way she got access to this was to logon to my cell phone account with my social security # and create a user name and password. Since she was not listed on the account, is this not Identity theft? Either way, we had an awful marriage where there were many nights we didnt even sleep in the same room. I am now seeing the other woman even though we are not divorced yet. She also seems to want me to pay her $25,000. However, she has nothing on me (at least in my opinion). She created most of the debt in our marriage. My question is will I have to pay alimony? I made approx 10,000 more than her when we were married. Since we have seperated I have taken a job where I make $40,000 more. She has a college degree in education so she can support herself. What will happen in your opinion?