Ex wife is suing for Post Seperation support - (alimony) on the grounds that I had an affair. Are there any statutes that will be in my favor of not having to pay her alimony? Like for instance the fact that her alcoholism is the reason we are no longer married, she moved out of our home with our daughter, and emotionally abused myself and my daughter for years as a result of her drinking? Please assist! I have no problem supporting my daughter but think it unfair that I may have to pay her alimony when she is the main reason the marriage fell apart…
You can read the full Alimony statute under the Alimony tab on the home page.
Your wife’s marital misconduct will be considered in making an award of alimony, but if she can prove that you had an affair as the supporting spouse (and she was not unfaithful) the statute says that you shall pay alimony in an amount and duration to be determined by the court.
What if she was the supporting spouse? Meaning she made more money than me?
Then she would not be entitled to alimony or post separation support.