If the supporting spouse has an affair, the dependent spouse is entitled to alimony. Having an affair does not effect the visitation priviledges or the distribution of property which is generally 1/2. A distribution of property also includes retirement. (The key to distribution of property is that this only relates to property acquired during the marraige.) If you remain out of court, everything is negotiatble. The wife may still be allowed to remain in the home, it is difficult to say without looking at all factors.
quote:
Originally posted by Devil1
In NC if one spouse(husband) who has contributed the majority of finances to the portfolio has an affair, what are the rights of both spouses. If a divorce happens what rights do the husband who has had the affair have concerning financial and child visitation. Will it still be 50/50 or is it negotiated. There is considerable equity in the house and the wife might want to stay in house. Children are involved. Also retirement plans where couple has contributed more to the wifes and not husbands so more could be contributed to non retirement plans.
Adrian Davis
Attorney
The Rosen Law Firm
4101 Lake Boone Trail, Suite 200
Raleigh, North Carolina 27607
919.256.1550 direct voice
919.256.1551 direct fax
919.787.6668 main voice
919.787.6361 main fax
NCdivorce.com
email: adavis@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.