Marital Misconduct - Spousal Support


So my wife has been having inappropriate conversations on the phone, facebook messages with her boss that she admitted to throwing herself at. There is evidence of the phone records, pictures from a PI when they have been meeting in secluded places and so on. She is refusing to accept the fact that this is Marital Misconduct as the lawyer I had a consultation with indicates and she is expecting alimony.

I am attempting to do the separation papers ourselves and get it motorized but she will not sign it when under the spousal support section was worded.

Wife agrees that Husband will not be held responsible for any alimony payments for her support and maintenance currently or in the foreseeable future due to marital misconduct as defined in North Carolina Statute 50-16.1A 3d

I am attempting a huge and costly court battle. Though she insists that what she has done is not Marital Misconduct.

Not certain where to take this from here


Instead of wording it as you have here, perhaps remove this language and reword it so that it is a waiver of alimony. It has the same effect to you (non-payment of alimony) but it does not specifically state the reason(thus perhaps making it more likely that she’ll sign the separation agreement).

Sample waiver of alimony language reads as follows: “Each party does hereby waive any and all rights – past, present, and future – which either party may have against the other for support, alimony, alimony pendente lite, postseparation support, and all other claims for support and maintenance which the parties may have by reason of the marriage.”

Anna Ayscue

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

Rosen Online | Unlimited confidential access to a North Carolina attorney for $199/mo - click here

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.