Infidelity, Alimony & Custody


#1

There is substantial evidence against a cheating spouse. Can this affect alimony even if the dependent spouse is able to support themself? I was told that alimony was based on “need.” If the husband and wife’s salary is approximately the same, how will alimony be determined? Does the court look at currently pay stubs or do they take into consideration the past few years of earnings?

Also, will the cheating’s spouse actions affect child custody if it can be proven that the spouse had “intent” to have affairs with the children present in the house? There is email evidence that the spouse was trying to arrange a meeting, but it did not work out.


#2

For alimony there must be a determination of dependent and supporting spouse. If there is no supporting spouse then there is no alimony regardless of infidelity.

Infidelity should not have a bearing on child custody unless the affair put the children in danger.