If a spouse commits adultery, can they still get alimony?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
If a spouse commits adultery, can they still get alimony?
My wife and I are separating in March. She has been cheating on me for months. She is not aware I know. When she moves I plan on filing for adultery. I have text and facebook messages between the two of them and pictures of them together hugging and kissing. Are copies of text messages and pictures of my wife and her lover hugging and kissing enough evidence? Do I have enough proof and do I have to worry about her getting mad I found out and asking for alimony?
Asked on January 30, 2012 under Family Law, South Carolina
Answers:
M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
I am sorry for your situation. Generally speaking, alimony - or spousal support or maintentance - is not a guarantee in a divorce for either party. Courts are given great discretion in granting same and in what type of support: temproary, rehabilitative - and the amount. There are certain general factors that affect awards which include but are not limited to the duration of the marriage; the age of the parties at the time of the divorce; the relative income and future financial prospects of each spouse; and yes, some times “fault” is also a factor depending on the state. It is determined on a case by case basis. Get help. Good luck.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.