We do not have a legal separation…nor was there an explicit indication that our physical separation should become permanent. She is hiding her dating from me but I’m 99% sure of it. Is there any value to me proving she’s dating someone else…especially since, if we were to divorce, I am looking at a huge alimony payment since I’ve made 99% of the money in our 18+ year marriage. Would a judge factor her dating into an alimony decision? What evidence of her dating would I need to obtain to help my case and lower my future alimony payments?
Your wife dating during separation will affect alimony only if you have evidence of her committing an act of illicit sexual behavior during the marriage (between the date of marriage and date of separation). The act of dating now, during separation, can be used to corroborate an act or acts of illicit sexual behavior during the marriage. Otherwise, her dating now will have no bearing on alimony.
Anna Ayscue
Attorney with Rosen Law Firm Cary • Chapel Hill • Durham • Raleigh • Wake Forest
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