My wife and I were separated in July of 2013 and the divorce was final in January of 2015. The separation agreement had me pay a certain amount each month as alimony. I found out shortly After the divorce decree was signed by the judge that she began a sexual relationship with the builder of our house almost immediately after I was out ( in July 2013) She says they did nothing sexual before hand, but there was suspicion on mine and others parts at the time (before the separation). People in the neighborhood have told me that everyone knew about it but me. I have read articles that state when intercourse between a separated person and a known individual occurs immediately after the separation it is assumed it was happening before the separation and therefore no alimony is owed. I am trying to determine whether this is true. I am not asking her to repay me the last three years of alimony, but I am asking that I no longer pay. Am I in good standing here? If I wind up taking her to court will a judge even listen to my plea?
You will likely not be able to end your alimony obligation.
Evidence of illicit sexual behavior after the date of separation can be used to corroborate evidence of illicit sexual behavior occurring during the marriage. When there is a pending alimony claim and there is a dependent spouse and a supporting spouse, and the dependent spouse commits one act of illicit sexual behavior during the marriage, then the dependent spouse’s right to alimony is barred.
Since you have already agreed on alimony terms in your separation agreement, then alimony can only terminate as set forth in the separation agreement, or it can be amended according to the amendment provisions of your separation agreement. In most cases, alimony payments in separation agreements end when the last payment is made, upon death of either party, or when the receiving spouse remarries or cohabitates with an unrelated adult.
You cannot go to court to end your alimony obligation because the terms are in a separation agreement, i.e. contract, which is made out of court and without a judge.
Anna Ayscue
Attorney with Rosen Law Firm Cary • Chapel Hill • Durham • Raleigh • Wake Forest
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