Dear Daisy27:

Greetings. Even if you condonned it, he resurrected it by doing it again. His attorney must allege condonnation and then your attorney must allege the recrimination affirmative defense. It is just the way that things have to happen. You will still get alimony, as it is based on finances - not fault. Thank you.

Janet L. Fritts
Attorney with Rosen Law Firm

4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.256.1665 direct fax

301 McCullough Drive Suite 510
Charlotte, North Carolina 28262
704.644.2831 main voice
704.307.4595 main fax

1829 East Franklin Street, Bldg 600
Chapel Hill, NC 27514
919.321.0780 main phone
919.787.6668 main fax


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.


Husband cheated after 20 years of marriage. I took him back since I was a stay at home mom with a child in college and one at home. Now that we are divorced and alimony is pending he is using the condonation defense. He was not suppose to keep cheating with her but he did and eventually moved out and starting spending nights with her. Since he moved in with her isn’t this still adultery since we were still married? He thinks he owes me no alimony but he makes about 10 times more than I do. Will I definately get alimony and is there anyway to estimate what that will be? He has lied everytime we have been to court and done everything he can to hide income and inflate his expenses. Is there any way I can get a fair settlement?