Wife had Affair; I supported thru School

North Carolina Divorce Law Divorce and Separation Answers
1

Dear ljohnstonlc:

Greetings. First, alimony and equitable distribution are different issues, and only alimony deals with fault. Since she committed fault and you are the support spouse, no alimony to her. Now, I doubt that you will receive alimony from her with such a short marriage and since you can support yourself.

On to equitable distribution. You may be entitled to slightly more than 50% of the marital property if she spent marital assets on her affair or if she has student loan debt which was accumulated during the marriage. Due to your facts, it would be my opinion that she should take all her student loans. Best of luck.

Janet L. Fritts
Attorney at Law
4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
NCDivorce.com
919-787-6668

The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service but a full discussion with an attorney should be undertaken before taking any action.

2

My wife had an affair while we were having trouble with our marriage and seeing a therapist. Once confronted about the affair (she admits it), we agreed to continue to work on things. When she didn’t stop seeing him, we split up and I moved out. When tension subsided, I tried to reconcile with her one last time to no avail.

She left the marriage.

During our four year marriage, I supported her through her additional schooling. She has now accepted her first job and is primed to make a significant salary. I also earned about 75% of the household income while she was in school and earned all of the retirement savings.

It’s my understanding that these are all marital assets regardless of the circumstances in which they were obtained during marriage; therefore, these assets are to be split 50/50.

Is there any chance that since she has clearly moved out on me that I could keep more than 50%?

Since I contributed significantly to her schooling and our joint income and prospects of a greater future income, that I could be entitled to alimony?

Or, is 50/50 inevitable?

Thank you.

LjLc