Infidelity is in my life again. I need to know if since my husband is not working…( I am the dependent wife) and has no income coming in except for rental property…will I still be able to seek alimony for when he does get a job. He use to make a 6 figure income til he got displaced at work and now no job. But he still has money to cheat and have a good time. What are my chances? He is not living in our home (living with a friend) due to his cheating. He is still seeing the girl. Does alienation and affection play into this also?? HELP!
Unless the law has changed, a dependent spouse/innocent spouse MUST be awarded alimony in the case of a supporting spouse’s adultery, especially in a long term marriage. The Court should go back at least 5 years for income purposes. If he isn’t working now, an income will be imputed to him based on his past employment record, income capability, and income tax returns. I hope an attorney will respond as I believe this is correct. However, if you are guilty of adultery also, it is up to the Court to decide the issue of alimony. Make sure you have proof, but don’t hold out a whole lot of hope for a hefty judgment. Start now looking for work.
If your husband is not working, his unemployment is involuntary, and the rental income is not substantial, the court will not be able to find that he is a supporting spouse and no alimony can be awarded.
Alienation of affection is a separate action which you could bring against the girlfriend.