Marital Misconduct & North Carolina Alimony Law

As mentioned before, in Wake County, North Carolina, separating spouses must go to Wake County family court and file paperwork in order to legally end their marriage. This process is quite complex and many factors may affect the future requirements of each person. One requirement, alimony payments, may be awarded by the Wake County family court. Based on the actions and marital misconduct of either party, the court may or may not judge alimony payments appropriate. Understanding the impact of marital misconduct on alimony payments is crucial to making sure both spouses are represented equally in Wake County family court.

Alimony payments are affected by marital misconduct. Wake County family court takes this into consideration when determining how much alimony to award. The dependent spouse may be denied alimony if he or she has committed marital misconduct. On the other hand, if the supporting spouse has engaged in marital misconduct, it may be more likely that they will be required to provide for spousal support.

Marital misconduct covers a variety of acts including sexual behaviors and the treatment of either spouse. Wake County family court will look at actions of this kind that happened during the marriage and prior to the date of separation. Some examples of marital misconduct are

  • Illicit sexual behavior, including sexual acts with another person that one spouse engages in during the marriage
  • Harsh treatment, such as abandoning the other spouse, behaving abusively to him or her, or excessive use of alcohol or drugs
  • Inappropriate and out of control spending by either spouse

These examples cover some but not all of the behaviors or actions where alimony payments may be affected. Consult with attorneys in North Carolina to best determine your separation proceedings.

When spouses separate, the process that follows in court is often intense, complicated, and completely unique to each individual marriage. It can be confusing to deal with alimony payments and all other aspects of the separation and divorce. Advice from Wake County attorneys is of great assistance when determining in court the amount of alimony and to whom it will be paid. It is important to work with NC family law attorneys to ensure everyone is treated fairly during the separation process.