When it comes to determining alimony, the court will first consider the income of each party. If the court finds that you are a dependent spouse they will award alimony. If your spouse was involved in an adulterous relationship then that will have an impact on the amount of alimony you are awarded. To prove that your spouse had a sexual relationship outside the marriage you need to prove “inclination and opportunity.” If you have proof that he shared a hotel room with a girlfriend the night you separated and bought a house with her a month later, the court may draw the conclusion that he was involved with her before the separation. If you have any evidence that they had a relationship before the separation, such as phone records, that would improve your case. It would certainly appear suspicious to the court.
Alienation of affection is a different issue than alimony. Alienation of affection occurs when a third party takes some action that alienates your spouses affection from you. It does not require a sexual relationship.
Helena M. Nevicosi
Attorney with Rosen Law Firm
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
1829 East Franklin Street, Bldg 600
Chapel Hill, NC 27514
919.321.0780 main phone
919.787.6668 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.