Affair, alimony and quit-claim


#1

Let’s say there has been an affair, and that the separation agreement spells out the terms of alimony and alimony is being paid as specified. There is also a “quit claim” in the agreement stating that receiving party will not ask for anything more than the agreement already specifies.

Since the parties are now separated, can the people having the affair resume their relationship publicly without the x spouse asking for more money when they found out about it? In other words, does the quit claim prevent the x from getting more alimony just because they are mad that they are continuing their relationship?


#2

If alimony/support is being paid as specified in the signed and notarized agreement, then the other party can’t just go back and ask for more simply because they’re mad at a continuing relationship.

I would be more concerned with the spouse going after the paramour for Alienation of Affection or Criminal Conversation.

Adultry is illegal in NC. A third party waiver would have to be signed in order for the 3rd party no to be pursued for AofA or CC…but adultry is still illegal (though RARELY if ever prosecuted).

You may still date…that is not illegal. Having sex could open up the CC issue…and the AofA issue is already open in that there was an affair before separation and that relationship is continuing now.


#3

Once a separation agreement is signed and claims to alimony waived any further involvement between the payor spouse and the paramour will not act to affect alimony.