Leverage during divorce proceedings

We currently have around $120k of personal debt that does not include the house. I pay for all of it via my income. If I loose the DBB(adultery) and proceed into a regular Separation, divorce process would I be able to leverage that debt to prevent her from taking alimony? In essence I’m holding financial destruction over her head. I take 90% of the debt plus the house she gets a car and a small debt but gets no alimony. Any other way makes us both go into bankruptcy and ruined financially for nearly 10 years.

Marital misconduct/fault is not considered in equitable distribution proceedings unless a spouse has used marital funds or marital assets to further his/her marital misconduct. Marital property is divided equally as long as an equal division is equitable.

But, if you’re negotiating a separation agreement or consent order and you are not in a trial, it sounds like you can use this argument (that she will be left in financial ruin) as leverage to negotiate the better deal for equitable distribution and a waiver of alimony.


Anna Ayscue

Attorney with Rosen Law Firm Cary • Chapel Hill • Durham • Raleigh • Wake Forest

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