Alienation and Criminal Conversation Questions


#1

My STBX is suing my girlfriend for AA and CC. I am sure it was filed to get the upper hand in the ED case. However, I want us to cover our bases. I understand the Oct. 1 ruling does not apply because the alleged affair happened before that date.

  1. My STBX sent Facebook messages to me, wrote on my Facebook wall that she is still my wife, and sent me text messages telling me that she is my wife.
    a.Does that show that her affection was not alienated by the alleged affair?
    b.Do these comments and actions effect a judgment for increased alimony?

2.If the AA or CC case is won, can it effect the marital property of the person I allegedly had the affair with? The STBX of my girlfriend lives in the house and there is a lien against the home.

3.If the AA or CC case is won, can my girlfriends 401K be touched?


#2

The claim for alienation is based on your girlfriend alienating your affections from your wife. Your wife’s recent communications will not have an effect on alimony.

If a judgment is rendered against your girlfriend the martial property she owns could be affected unless her husband files a claim for equitable distribution to protect his share of the property. As for the 401(k), a judgment would not be ordered from a specific source of funds


#3

oops…Erin must have answered at the same time (lol) Just pop down to the last part…

  1. a. The affections alienated would be yours. You are alienating your affection for your wife because of the affair. At least that is how I understand the term.
    b. If she is a dependent spouse, she will be due alimony anyway…affair or not. I don’t know if her statements would add to the amount. Each alimony case is different.

  2. If she goes after the girlfriend. The courts would look at her liquid assets. They can’t make sell her house. If she loses the case. She will have to pay however she can. BUT they’ll look at her financials to see if it’s even worth pursuing. Keep in mind, it will cost your STBX a significant amount to start these proceedings. It is a long process and can be costly to litigate. Believe me.

  3. They can’t make her liquidate her 401K.

My PERSONAL advice. If she is threatening suit, let her threaten. Don’t cower to the threat. If she actually retains a lawyer and has papers served on the woman for AofA or CC, then you have to decide if you want to help her go through the litigation (ie: pay for her lawyer–or help), OR not fight it. In my case, my boyfriend was with me all the way…I had very shallow pockets, but I got a lawyer and did all I was asked to do in providing ‘discovery’. When it came time for HER to provide discovery (and I asked for everything SHE asked of PLUS the proof she had), she suddenly dropped the case. PLUS she went into significant debt in lawyers fees…much more than I did.


#4

The claim for alienation is based on your girlfriend alienating your affections from your wife. Your wife’s recent communications will not have an effect on alimony.

If a judgment is rendered against your girlfriend the martial property she owns could be affected unless her husband files a claim for equitable distribution to protect his share of the property. As for the 401(k), a judgment would not be ordered from a specific source of funds