Question on affairs and alimony

North Carolina Divorce Law Divorce and Separation Answers
1

My wife had several affairs,

April 2010 that I found out then,

April 2009 that I didn’t find out about until October 2010.

I attempted to reconcile/work things out, but they did not work out. We are now separated.

Will these affairs have an impact on alimony?

Thanks

2

If you can prove she had an affair(s) and that you did not forgive her for the same it is an absolute bar to alimony, assuming you did not have an affair as well. An adulterous dependent spouse may however be awarded post separation support (temporary spousal support).

3

I can prove the affair (and I never had one), but what does “not forgive her” mean? If tried to reconcile but could not come to terms, does that qualify? Does us having marital “relations” indicate forgiveness?

Thanks

4

Condonation (forgiveness) is a defense to an ascertation of a bar to alimony based on adultery. Marital relations alone do not necessarily constitute forgiveness, the court would have to make a determination of whether the affair was condoned after considering all the facts presented.