Alimony / Adultery / Cohabitation


Dear hugheske:

Greetings. If you wife committed adultery, she is not entitled to alimony. The proof you have sounds good to me, but you have to make sure that you can use the proof in court, so talk to your attorney about what proof you will need in addition to what you have. Also, send out Requests for Admission and notice this other fellow to a deposition.

I cannot tell you, without meeting and discussing your entire situation, what is cost effective and what is not. Best of luck.

Janet L. Fritts
Attorney with Rosen Divorce
4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607

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.


I have been separated from my wife for 4 months now…she wanted to seperate to “figure things out” but then I found out that there was another man prior to the separation. She is still involved with this man and I just found out that he has been spending the night at my house with her and my kids there. I was paying her Alimony of 500 a month and child support iaw state guidelines just based on our own agreement…I have ceased paying Alimony and she has petitioned the courts for it. My question is this…based on the evidence I have prior to our separation (phone records) and the current evidence I have that he has been staying the night in my home (kids told me)…does that revoke her right to Alimony and spousal support? I plan to hire a PI in order to get more solid evidence to take to court…will it be worth the money? I am also in the process of finding a good attorney to take this battle…thanks for any help/ advice