You were still married. Yep, you’ll be at fault.
Katherine Miller
It technically does not affect alimony if it occurred after the date of separation, however, if she has evidence that you engaged in intercourse one week after separation and you were involved with this individual prior to the separation, the court may assume the sexual relationship began prior to the separation.
If you are the supporting spouse and you have committed adultery, the law says that you will pay alimony, however if you are in a long term marriage and you are the supporting spouse, you were most likely going to pay alimony anyway.
Marital fault can have an impact on the duration of alimony, but I cannot tell you how much of an impact it would have without all of the details.
Helena M. Nevicosi
Attorney with Rosen Law Firm
4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.787.6361 main fax
Charlotte Office
301 McCullough Drive
Suite 510
Charlotte, NC 28262
Main Phone: (704)307.4600
Main Fax: (704) 9343.0044
Durham & Chapel Hill Office
1829 East Franklin Street
Building 600
Chapel Hill, NC 27514
(919) 321.0780
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 only, a full discussion with an attorney should be undertaken before taking any action. The information posted on this forum is available for public viewing and is not intended to create an attorney client relationship with any individual. These answers are provided for informational purposes only, a person should consult with their own individual legal counsel before taking any action that could affect their legal rights or obligations.
If I did not have sexual relations until I left my marital home (separated) but did one week later (ex has proof) will it still be considered marital fault. (as opposed to sexual relations while still living at home)
Or, does the judge in an alimony trial not want to get into the “Jerry Springer” details.
Also, how much (usually) does marital fault increase the alimony award in a long term marriage (by a lot, usually, or not by very much)
I am just deciding whether or not it might be best to offer ex a settlement rather than leeaving it up to the judge.My ex feels though that she will only get a fair deal by a judge, She is a dependent spouse so I know I will pay alimony. Does committing marital fault USUALLY increase the length of the award.