Adultery & property distribution, custody, dating


#1

Does adultery affect distribution of property? What about custody?

Can you date before divorce? Can someone sleep over as long as the minor child is not present?

Is deeded property that was yours prior to marriage (and is still only in your name) – is that considered separate or equitable property?

Can alimony & retirement be “waived” in a prenup agreement? Does adultery change anything?

Thanks!


#2

Adultery doesn’t commonly affect distribution of property or custody, unless there are extenuating circumstances (e.g. someone used marital assets to pay for a mistress or support a lover).

You may date while separated and before divorce, but sexual contact while technically married is still a crime in this state. (and you are married until the divorce is final). Although this may not affect ED or custody, by sleeping with a 3rd party before the divorce, you open that person up to being sued for Criminal Conversation and possibly Alienation of Affections (if you knew each other prior to separation). I’d advise against any sleepovers just because of appearances, even if nothing takes place.

(The other two questions I’m not quite so sure on. )


#3

In North Carolina adultery is not a factor considered in property distribution. Only economic fault is considered in property distribution cases.

You may date prior to divorce, however adultery is still a crime in NC.

Property acquired prior to marriage retains its separate nature and is not subject to distribution.

Alimony and rights to retirement benefits can be waived in a prenup, and adultery will not vitiate those provisions.


#4

In North Carolina adultery is not a factor considered in property distribution. Only economic fault is considered in property distribution cases.

You may date prior to divorce, however adultery is still a crime in NC.

Property acquired prior to marriage retains its separate nature and is not subject to distribution.

Alimony and rights to retirement benefits can be waived in a prenup, and adultery will not vitiate those provisions.