Separation and adultery

North Carolina Divorce Law Divorce and Separation Answers
1

HI,

IN August of 2007 I discovered that my husband had charged a prositute to his charge card. He has since admitted that he had been “using escorts” for our entire dating and marriage relationship. Silly me, I thought now that the truth was out he would change. He didn’t.

On July 10, 2008 I left the marital home (after he refused to move out) until I could be sure that he was being faithful. IN the time interveining, we attending marriage counciling and spent a number of weeks together in the home. I then discovered that he was lying again. On October 10, 2009,I was laid off from my postion. On October 12th we made the decision that there was no hope and the marriage should end. We were married for 15 years.

I am unemployed and living in the home of my daughter. My question is

  1. am I entitled to alimony? He was the bread winner. I had one year in which I made in excess of $40,000. I need an attorney, but don’t have any funds. I read if I am granted alimony he would have to pay legal fees. Is this true?

  2. What date should be used as the date of separation?

There is also a large debt owed to the IRS from years that I again was silly and signed a joint return. I had little income in those years, under $5k a year. How can I make him responsible for that debt.

2

As a dependant spouse you are entitled to alimony, and your husband’s infidelity will bolster your claim. As a dependant spouse seeking alimony you are also entitled to seek an award of attorney’s fees.

Based on the facts, I believe the date of separation is October 10, 2009 as that was the date you moved out and two days later had the intention of remaining separation permanently.

The tax debt is part of the marital estate and will be factored in when all assets and debts are distributed.