Does this change anything?
We seperated 1/10/2011. He moved in w/a girl with a month and she is now pregnant - due in February.
He is claiming depedent spouse and is wanting unequal distribution of assets in his favor and debts in my favor. Has already been awarded PSS which sucks, considering he is collecting NC unemployment (and lives in SC now) and has been working while collecting.
Anyway, can any of this be appealed based on the pregnancy?
Thanks so much
Evidence that he initiated a romantic relationship with a third party prior to separation, if it can be proven, can bar a claim for alimony. Post date of separation behavior does not have a bearing on alimony unless it is used to corroborate evidence of pre-date of separation behavior. You need evidence that shows a relationship actually did exist prior to separation. He’ll claim it started after the DOS, so you’ll need evidence that shows otherwise.
Hi there - just wondering why this is less of an issue than just co-habitating? We have been separated since Jan 10th, and he moved in with another woman and that woman is now expecting his child. Yet it has no bearing on PSS or ED or alimony? Just trying to get some insight as to how this may change things.
Have appt with my attorney later this week.
Your responce to tsmb on the 13th is below:
Yes, that is considered adultery, while you may not be punished for it, it is still a violation of the law. If you are receiving alimony it will terminate as soon as you begin cohabitation.
Thank you for your time and input, it is truly appreciated!
Adultery is only relevant when a supported spouse (dependent spouse) has had an affair. Adultery is a complete bar to receiving alimony, if proven. If the supporting spouse has committed adultery, it has no effect upon support. ED is not effected by adultery at all. Adultery in NC can come into play through criminal conversation and/or alienation of affection lawsuits as well, but these are claims filed against the paramour, not the spouse.