Dear Shaker:

Greetings. In Adams vs. Adams (a 1988 case) the court found that the statute which sets down the fault grounds for alimony did not distinguish between post-separation and pre-separation adultery. Fault only adds to the court’s factors for providing you with alimony, so you have to make the call on spending for the private investigator.

If it were me, I would pay a private investigator to follow him around for a couple of days to see how much money he is spending on this other woman…that would DEFINITELY be a factor for alimony if he was spending money on another woman (then he has that money for you!). Hope that helps.

Janet L. Fritts
Attorney at Law
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.

Hello, I have inquired to this questions before and did receive an answer. I had mentioned that my spouse admitted to me that he has had 2 affairs in the last 3 months and is still in the second one since oct. 03. I asked about alimony and you had stated I need to hire a PI. I mentioned this to my attorney and he stated that would not give me any rights to alimony because I had to prove he was having the affair while he was still living at home. He has been out of the house for almost 3 months now. So my question is will actual proof do me any good at this point or am I wasting $'s which I don’t have. Like my attorney told me naturally you spouse will deny any affairs in court, which my husband has said to me yes he would deny telling me. He made a quote “Do you think Im stupid” We have been married for 30 yrs. this Nov. and I have been the dependent spouse for the last 8 years. Any advice would be greatly appreciated.