Assuming you are a dependant spouse as you suggested, the answer as to whether you would receive alimony can be found at NC General statute 16.1A(3)a, “If the court finds that the supporting spouse participated in an act of illicit sexual behaviour, (as defined in that section), during the marriage and prior to or on the date of separation, then the court shall order that alimony be paid to a dependent spouse.” This provision directs the trial court to award alimony and sends the trial court to the economic factors of section 50-16.3A(b) to determine the amount, duration, and manner of payment of alimony.
About a potential cause of action for the distress you have experienced, you may want to look at the Rosen website library section under alienation of affection. This is a law suit against a third party, not your spouse. Hope this information is helpful.
Deborah M. Throm
Rosen Law Firm
1829 E. Franklin Street, Bldg. 600
Chapel Hill, NC 27514
919.256.0017 direct
919.321.0780 main voice www.rosen.com
Email: dthrom@rosen.com
4101 Lake Boone Trail
Suite 500
Raleigh, NC 27607
919.256.1544 direct
919.787.6668 main voice
NC General statute 16.1A(3)a, “If the court finds that the supporting spouse participated in an act of illicit sexual behaviour, (as defined in that section), during the marriage and prior to or on the date of separation, then the court shall order that alimony be paid to a dependent spouse.”
Deborah M. Throm
Thank you Ms. Throm for responding to my questions. I am still confused about the Statute 16.1A(3)a definition. Does this mean that the spouse has to be “caught in the act” to prove illicit sexual behavior? I am contacting my lawyer this week and would like to be prepared.
You are only entitled to alimony if you can prove that you are substantially dependent upon your spouse for his income. Generally courts do not grant alimony to the spouse who is earning more income.
Lisa M. Angel
Board Certified Family Law Specialist
The Rosen Law Firm
4101 Lake Boone Trail, Suite 500
Raleigh, NC 27607
(919) 781-1741 direct voice
(919) 256-1660 direct fax
(919) 787-6668 main voice
(919) 787-6361 main fax NCdivorce.com
email: angel@rosen.com
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.
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I am the dependent spouse and want to know if I’m entitled to alimony. My husband left me without any explanation except to say he was going to stay with a friend (male) for a few nights because he needed “time”. I had no idea anything was wrong in our marriage. His work has him on call at all times & he also worked out at the gym every night. Two weeks later I learned (on my own ~ because he was still telling lies) that he moved in with another woman, who was also married & left her husband. They both started harassing me with phone calls & coming to my house for a month or so. I lost my job in 2003. We got married in 2003, but had been living together for 15 years. My unemployment ran out a few months before he left. I was the one with the higher income. Also, I would like to know if there are any laws dealing with the downfall of my health because of this situation? I have been sick since the first of June and under a doctor’s care. He has put me on medicine for my nerves and I’ve lost down 4 dress sizes because I couldn’t hold anything on my stomach. I am also having to pay the hospital bills for x-rays that were done. I found a job during this period but it is only for 30 hours a week and making half of what I was making an hour. Any advice you can give me will be helpful. I just need to know my rights and what I’m entitled to. Thanks