My lawyer has filed a lawsuit against my husband for SS, Alimony, ED and fees. We chose ligation route due to knowing my husband plans to withhold money. I have learned that he never stopped seeing his mistress even when he said he hasn’t communicated with her or seen her. We were even still in marriage counseling and he was still involved with her. I ended up going to the dr for chest pains and anxiety. Should this be added in court for larger amount of alimony? Does this play in my favor at all any? Chance for greater 50/50 split? Especially of Business ED
That is good evidence to show the effect on you that the affair had. But it won’t necessarily increase your alimony award. An award of alimony is based on 16 factors set by statute.
Marital misconduct is not considered in equitable distribution unless you can prove that one spouse perpetuated and furthered an affair using marital funds.
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.
Oh yes, he has paid the mistress bills and that will be discovered when his financial statements are disclosed. He paid with his own account her bills and furnished her apt. I plan to have my lawyer ask for more than half. I know the lawsuit does ask for the court to decide in my favor so hopefully that will be in that case.