We have a unique situation ( maybe) spouse one was having an affair.spouse 2 did not know and also had an affair. Both admitted to it. Would the spouse who needed alimony be not awarded in court because they were the first to “ cheat”?
If both the dependent spouse and the supporting spouse participated in an act of illicit sexual behavior during the marriage (before the date of separation), then the dependent spouse may or may not be entitled to alimony. An award of alimony would be left in the discretion of the judge after a consideration of the circumstances and the 16 alimony factors. The judge may or may not consider the fact that the dependent spouse participated in an act of illicit sexual behavior first.
Anna Ayscue
Attorney with Rosen Law Firm Cary • Chapel Hill • Durham • Raleigh • Wake Forest
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