ct2007
May 28, 2007, 03:56 PM
Can a cheating spouse be entitled to alimony? She has left her husband and now lives with another man but wants alimony. She has abandoned her home and 16 year old son.
Mom of 2
May 28, 2007, 05:04 PM
Can a cheating spouse be entitled to alimony? She has left her husband and now lives with another man but wants alimony. She has abandoned her home and 16 year old son.
Alimony depends on a lot of factors.
1. What state are you in?
2. How long were you married for?
3. Does she have a job; a college degree?
As I am not a lawyer, you really need to speak with a lawyer in the state that you reside. Here is how I understand it in my state:
-- Unless the divorce goes to trial, you can elect not to give alimony. If it goes to trial, then the judge can say that alimony is awarded and then you have to folow the directives of the court. This is an agreement that is struck between the lawyers and the clients. Just because she wants it does not mean that she will get it.
-- The longer you are married, the more likely that she could be awarded it if it goes to trial. Again, consult with a lawyer.
-- Infidelity has no baring on custody issues in my state, but I don't know about alimony. In my state, just because a person leaves the marital home, it may not be considered as abondonment. If the person told you that they were leaving, then it is not considered abondonment.
-- Divorce is all about negotiation. It is no longer slanted toward one sex or the other. Gone are the days when the ex-wife gets everything. If the wife gets everything, it is because the ex-husband did not fight. Again, check with a lawyer in your state for absolute answers and advice.
Fr_Chuck
May 28, 2007, 05:11 PM
Should she get any, no of course not, of course a cheating person may well also be a lying person in divorce court. Divorce court is more scripted than the "tonight show"