Infidelity and Divorce Rights

Dear JStover24:

Greetings. Remember that the adultery does not have any bearing on the equitable distribution, only on the alimony. Thank you.

Janet L. Fritts
Attorney with Rosen Divorce
4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.256.1665 direct fax

10925 David Taylor Drive, Suite 100
Charlotte, North Carolina 28262
704.644.2831 main voice
704.307.4595 main fax


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 but a full discussion with an attorney should be undertaken before taking any action.

First I would like to say, “Thanks” for such an excellent site and I love the fact that you keep the past post for future reference. As you can see, I’m new to the site and I’m going back to read previous post to get a better understanding of this separation and divorce situation.

Now for my follow-up question to the previous post. Where does post separation support come into play. If infidelity has definitely taken place and the offended spouse has foregiven the wayward spouse. What are the chances of her being awarded post separation support if she is not considered a “Dependent” spouse?

Thanks Again for such a wonderful and educational website.

BTTT (Back To The Top) with hopes of someone clearing up my concerns about a spouse who makes less money than the cheating spouse and the offended spouse clearly forgave the cheating spouse (continued marital relations for at least 4 months) before she decided to leave and file for a divorce for reasons of “Bed and Board”.

Divorce from bed and board does not end a marriage it only forces someone out of the house.

Alimony == Spousal support
Post Seperation Support == alimony paid before divorce is final.

dependant spouse is detirmend by the courts. Dependant spouse is entitiled to alimony unless they cheated.

In general dependant spouse is the one who makes less money.

Get a Lawyer your going to need one.


Kind of a complex question. Here is the scenario: A wife caught a man cheating on her. She now knows he was unfaithful and has known for approx. 6 months. They have spoken about the issue, have been to marriage counseling together and they have been trying to give the marriage another shot for quite some time. All this has taken place before any separation documentation was filed. Now, 6+ months after the fact she wants to file for divorce and is demanding an awful lot: All the equity in the sale of their home, half of all of his mutual funds, half of his 401k, payments of $500+ a month, etc. All this for a woman who has a steady and decent paying job, they have only been married for 4 years. Does she have solid legal recourse to go after him this hard after she has decided to move past the infidelity and seek counseling for their marriage?
Please note this man can also document that he rescued her from $40,000+ in debt that she brought into the marriage. Just looking for any feedback on this. Thank you all in advance.