Marital fault

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.

If on the day he separated he slept with his girlfriend at a hotel (have credit card receipt) and then within 10 days they moved in together to a new house he purchsed does that constitute marital fault. He is saying he did all this after he separated but he was certainly thinking along these lines prior to leaving as he needed to get the funds to buy the house, go to the real estate agent etc. Some have responded that a spouse can’t purchase a home without the other spouse’s knowlegde but he did. I asked the real estate agent and she said it was all cleared because he place a large down payment on the house (90K) He withdrew 128K from a life insurance policy to buy the house (again without my knowledge)

He is also being sued by girlfriend’s husband for AOA. He thinks the case will be dismissed as he didn’t have relations with her until the day he left the home.

By the way, the day he did say he separated and shared a hotel room, he was supposed to be watching our 2 children (ages 10,15) I was out of town. He has never said but he must have left them alone. The hotel was in the same town as our home. He is not asking for custody, so his poor parenting may not affect him. I remember he slept at home the next night so my date of separation is 2 days after the date he is using. If is AOA case goes to trial will I must likely be called as a witness? I feel for the girlfriend’s husband but if my husband loses big time (he is wealthy) will that affect my children and my financil future. My atty wants us to settle everything before his trial goes to court. All we have left is ED. PSS and CS were litigated. We settled on CC and visitation.

By question is : IS this considered marital fault as far as consideration for alimony. I am the dependent spouse and I did not commit any marital fault or adultery.

Thank you