Adultry and Marital assets


#1

From what I can tell there is nothing in the laws on marital property distribution that pertains to a uneven distribution due to infidelity. From what I have read, the laws state that each party is entitled to 1/2 the marital assets unless it is considered separate property.
It may have some affect on the separation agreement and it may affect the amount of items from the home that the “injured” party feel they are entitled to. The other spouse may feel since they were unfaithful they should get less of the marital assets. It may also have an affect on child custody. NC is a no fault state so with the exception of alimony, I don’t think that infidelity has an affect on any aspect of separation or divorce. I could be wrong so hopefully as attorney will respond.


#2

Dear needinganswers:

Greetings. You are not liable for alimony simple because of infidelity - there must be a difference in income first where you are the supporting spouse. Everything else that is marital is split equally, although it must be marital first. The adultery does not generally affect equitable distribution. The adultery did not change the 50-50 division of the marital property. Thank you.

Janet L. Fritts
Attorney with Rosen Law Firm

4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.256.1665 direct fax

301 McCullough Drive Suite 510
Charlotte, North Carolina 28262
704.644.2831 main voice
704.307.4595 main fax

1829 East Franklin Street, Bldg 600
Chapel Hill, NC 27514
919.321.0780 main phone
919.787.6668 main fax

ROSEN.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.


#3

I have a question or 2. I am separated due to infidelity (no hissing please). I know I am liable now for alimony-I accept that. What about the rest of the assets. We have a nice home and nice furnishings. Our retirement accounts are an issue too…hers is twice the amount as mine. About the house. There is a second mortgage on it and she will not be able to afford the house on her own. In order to keep my credit up, am I liable for partial bills and such until whenever? Can I ask that the house be sold? We also have some property in the mix. Is that to be divided? I just wondered if the ‘adultry’ aspect took me out of marital property division.