Seperation/Divorce


#1

My wife decide she wanted a divorce and moved out about 2 months ago. She has started a relationship with a man she new before she moved out (He helped her move without my knowledge), and they are now living together (except for when my daughter is there). We have not filed our separation papers yet and I am curious if this counts as adultery or is a violation of the law and will excuse me from alimony/child support and will result in me being granted alimony/child support?


#2

By having sex with someone other than her spouse, she is committing the crime of adultery. If you are a dependent spouse, and you can show that she had an affair prior to the separation, that guarantees that alimony will be paid. Child support is determined by running the child support guidelines, and marital misconduct does not impact the child support obligation.