Suing a 3 party person for AA


#1

Erin, can a spouse get alimony if one spouse lived in the basement for 4 years- had no sexual relationship with spouse because spouse was not interested and preferred it that way- what if the spouse was cold and withdrawn? don’t you have to prove that the marriage was a happy one before this 3rd party came into the situation?

Can a spouse get alimony once the divorce papers have been filed? is there a time limit?


#2

The situation you describe is arguably misconduct which can affect the amount and duration of alimony. As for its effect on an alienation case, it is arguable that there was no affection in the marriage, but the presumption is that if two spouses are living together, there is a level of affection.

A spouse can make an alimony claim at any time before the judgment of divorce is granted.


#3

Erin- to make sure I understand-
a spouse can sue a 3rd party person for alienation of affection or criminal converstaion and then be granted alimony from the cheating spouse- correct?


#4

Yes if the cheating spouse is the supporting spouse and the one seeking alimony is a dependant spouse. The two actions are separate actions and unrelated.