Is Adultery a Bar to Post Separation Support or Alimony?
Adultery falls under the definition of “illicit sexual behavior” which is defined as acts of sexual or deviate sexual intercourse, deviate sexual acts, or sexual acts defined in G.S. 14-27.20(4), voluntarily engaged in by a spouse with someone other than the other spouse. Illicit sexual behavior, solely on the part of the dependent spouse will bar a dependent spouse from receiving alimony as a matter of law. However, illicit sexual behavior by the dependent spouse will not necessarily bar that spouse from receiving post-separation support. The law also provides that if only the supporting spouse engages in illicit sexual behavior, then the court must order that alimony be paid to the dependent spouse.
If you are a dependent spouse seeking support, or a supporting spouse defending against a claim for spousal support, the family law attorneys at Hopper Cummings can help. We can provide you with a candid assessment of the merits of your case, discuss options that are available, and ensure that your legal rights and interests are protected. We are committed to achieving client satisfaction through effective advocacy, and prompt and personalized client service.
Call us today at 919-533-4115, or complete our online form for a confidential consultation with one of our family law attorneys.