Illicit Sexual Behavior As It Relates To Alimony

In Wake County, North Carolina, separating spouses must go to Wake County family court and work with the court in order to legally end their marriage. This process is quite complex, and Wake County family court looks at a number of factors to determine the future requirements of each spouse. One requirement, alimony payments, may be awarded by the Wake County family court. The court may or may not judge alimony payments appropriate if either spouse has engaged in illicit sexual behavior. Understanding the impact of illicit sexual behavior on alimony payments is crucial to making sure both spouses are represented equally in Wake County family court.

Illicit sexual behavior refers to a variety of acts related to sexual behavior. North Carolina law defines this as illicit acts of sexual or deviate sexual intercourse or other deviate sexual acts that are voluntarily engaged in by a spouse with someone other than the other spouse. However, if the other spouse has condoned these acts, Wake County family court will not consider them when awarding alimony payments. Consult with attorneys in North Carolina to best determine your separation proceedings.

Alimony payments are affected by illicit sexual behavior. Wake County family court takes this into consideration when determining how much and to whom to award alimony. The dependent spouse will be denied alimony if he or she has committed illicit sexual behavior during the marriage or before the spouses decided to separate.  If the court determines that the supporting spouse has taken part in illicit sexual behavior, the court will order alimony to be paid to the dependent spouse. Alimony payments will also be affected if both spouses have engaged in illicit sexual behavior.

It can be confusing to work through the court dealings and paperwork when two spouses separate. This time consuming and intense process can be affected by a number of factors and acts that took place during the marriage. Seeking advice from Wake County attorneys is of great assistance when determining in court the amount of alimony and to whom it will be paid. To ensure that a fair agreement to both parties is reached in court, it is important to work with experienced NC family law attorneys.