Alimony vs. Maintenance Where Adultery is Present

North Carolina Divorce Law Divorce and Separation Answers
1

  1. If I am able to prove adultery has been committed by my spouse is this a complete bar to alimony, maintenance and any and all types of financial support on a go-forward basis?

  2. Is marital misconduct (abuse, adultery and other forms of misconduct) used in determining equitable distribution amounts?

Please advise.

NOTE: I THINK MANY OF YOUR READERS ARE UNCLEAR ON THE DIFFERENCE BETWEEN ALIMONY AND MAINTENANCE…

2

  1. If you are the “supporting spouse”, meaning the one who made more during the marriage, then yes, proving adultery would be a complete bar to alimony. Alimony, maintenance and post separation support essentially mean the same thing. Post separation support is “temporary alimony” that a court awards pending a final trial on alimony.

  2. No. The only consideration a court will have is “economic misconduct”, i.e. if your spouse was spending money that was not for the benefit of the marriage.