Brother wife having affair and wants divorce


#1

my brother’s wife is having an affair with some one from the internet. Evidently it has been going on for some time. She has lead the other guy on about being seperated and they have wedding plans. My brother has just found out. the guy wrote my brothers daughter about the plans. My brothers wife keeps telling him she wants a divorce and that he should leave the house. They have 2 children one 20 not living in the home but living in another town going to community college. The other turned 18 this summer and is suppose to graduate this year. Both my brother and his wife have full time jobs. Would the letters and the fact she is having an affair come into play if a seperation come into play. Will she be intitled to any of his future earnings? He is crushed.


#2

I would tell him to not leave the home. If she wants the separation and divorce, then she should be the one to leave. JMO, plus if he wishes to retain possession of the marital residence, he should stay. (If she leaves, immediately change the locks on the doors to the house.)

The letters and any evidence legally obtained which supports an affair may be used in several ways.

1.) To deny her claim of alimony.
2.) As evidence in a Criminal Conversation lawsuit against the fiance (and possibly an Alienation of Affections lawsuit), if any of the acts occurred in NC.

She would not be entitled to any of his future earnings after divorce, with one exception: retirement accounts. If she made significantly less than him over the marriage, then she can make the claim that she’s entitled to some of his retirement.


#3

The affair will bar the wife from seeking alimony if she is the dependant spouse. If your brother can prove the affair occurred any alimony claim she has will be barred.