Affair and Spousal Support


#1

I had an affair 6 years ago which I acknowledged to my husband when confronted; we never separated and decided to work through the issues. Fast forward to the present, husband of 13 years wakes up one day and decides he is no longer happy and moves out of our home, I also suspect he is cheating. Husband is the supporting spouse, can I file for spousal support and alimony even though I committed a martial fault years ago? TIA


#2

You can file for alimony and post-separation support. NCGS 50-16.3A states that, “any act of illicit sexual behavior by either party that has been condoned by the other party shall not be considered by the court.” I would argue that by forgiving you and continuing the marriage for an additional 7 years, your husband condoned your behavior.