Originally posted by Allie
If a spouse (husband) agrees to an open type of marriage and encourages/condones outside relationships by the other spouse (wife)can the husband sue for either adultry or alienation of affection if after years if the wife decides she wants a divorce? Will she lose everything if she pursues a divorce or does she have a defense that husband was happy with it until she decided to leave?
The husband can’t have his cake and eat it too. If the Husband encouraged an open marriage and further condoned the conduct after the fact, then adultery should not be an issue in the event of a divorce. Condonation is a legal defense to adultery.
The question of whether a person will lose everything if they are at fault is generally misunderstood. Basically, in the event of a divorce, property distribution is generally divided down the middle regardless of fault. However, alimony or post-separation support is an issue that is affected by the question of adultery. If one party is financially dependant upon the other and the dependant spouse does commit adultery (without an act of condonation by the supporting spouse) then the dependant spouse is barred from receiving PSS or alimony.
It can all be a little tricky. I hope this helps.
Richard “Bert” Diener
The Rosen Law Firm
4101 Lake Boone Trail, Suite 200
Raleigh, North Carolina 27607
919.256.1535 direct voice
919.787.6668 main voice
919.787.6361 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.