Marital Misconduct - Spousal Support


#1

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


#2

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

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