My stbx and I have been separated since June; we have been married for 9 years. I asked him to leave our marital residence because we have been only roommates for over 6 years with no connection except for the fact that I was his meal ticket. He initiated a physical property agreement in which we signed and notarized. There was no language regarding PSS or alimony, which he refused to include. He has since filed a motion in court requesting Post Separation Support and we have court hearing soon. I am the supporting spouse because he can’t hold a job. Our marital home has no equity as we only bought last year. I did not have any pre-separation affair but have since been seeing someone. I think that after our separation he hacked into my email and has found some email correspondence between my friend and me in which we were planning a meeting. I think this is what initiated his law suit for PSS. Again, I did not have an extramarital affair during our living together as husband and wife. My question is, can he use this against me for PSS and alimony?
He can attempt to use your current relationship to prove that you engaged in an adulterous relationship prior to the date of separation. If the relationship did not exist prior to the separation the same will not be considered as marital fault in a PSS determination.
Can he legally use my email correspondence if he used my user name and password to get in after our separation?
If he knew the email and password, and the computer was in the home, yes he can use such emails in court.
He took his computer with him when he moved out. He hacked into my email after he took his computer and moved out. I never gave him my password, but he found it on some documents that in my files before he left.
If the computer was a shared family computer and the emails were stored on the same, they are admissible in court.