I have been married for 28 years. I have been a homemaker for 25 years. I had an affair 23 years ago, which lasted several months. I just have a high school education(GED), have suffered major depression and suicidal thoughts and ideations our most of our marriage. I also suffer from Chronic Fatigue syndrome, and when I tried to work a part time job wasn’t able to because I physically couldn’t handle it. Will I automatically not get alimony because of my affair, or will the judge consider my physical limitations anyway?
Your affair will not be considered in an alimony award because it happened 23 years ago and you and your spouse continued to be married for 23 more years after it happened. Your spouse condoned the affair.
The accustomed standard of living during the marriage and your ability to earn your own income, among many other factors, will be used to determined alimony.
An alimony award is based on the consideration of the 16 Alimony Factors.
Anna Ayscue
Attorney with Rosen Law Firm Cary • Chapel Hill • Durham • Raleigh • Wake Forest
Rosen Online | Unlimited confidential access to a North Carolina attorney for $199/mo - click here
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 only, a full discussion with an attorney should be undertaken before taking any action. The information posted on this forum is available for public viewing and is not intended to create an attorney client relationship with any individual. These answers are provided for informational purposes only, a person should consult with their own individual legal counsel before taking any action that could affect their legal rights or obligations.
I forgot to say he didn’t know about the affair and is refusing to forgive now.
My answer does not change - he would have to be able to prove an act of illicit sexual behavior happened during the marriage between you and another person and that he did not know about it. Otherwise, you are still entitled to alimony.
Anna Ayscue
Attorney with Rosen Law Firm Cary • Chapel Hill • Durham • Raleigh • Wake Forest
Rosen Online | Unlimited confidential access to a North Carolina attorney for $199/mo - click here
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 only, a full discussion with an attorney should be undertaken before taking any action. The information posted on this forum is available for public viewing and is not intended to create an attorney client relationship with any individual. These answers are provided for informational purposes only, a person should consult with their own individual legal counsel before taking any action that could affect their legal rights or obligations.
Thank you very much!