Robinson & Lawing, LLP | Law Firm in Winston-Salem, NC

The Impact of Marital Misconduct on Alimony Determination

Going through the process of separation and divorce is never an easy process for either party. Determining how marital misconduct can affect claims for alimony is important. 

When Does it Affect Alimony?

What is marital misconduct? North Carolina statute provides a list of wrongdoing occurring during the marriage and before the date of separation deemed “marital misconduct.” This list includes such acts as illicit sexual behavior, malicious turning out-of-doors of the other spouse, cruel or barbarous treatment endangering the life of the other spouse, reckless spending of the income of either party, or the destruction, waste, diversion or concealment of assets, and the excessive use of alcohol or drugs so as to render the condition of the other spouse intolerable and life burdensome. These actions can have a direct result on a claim for alimony.

Alimony is typically owed by the higher-earning spouse to the lower-earning spouse to help them maintain his or her pre-separation lifestyle. Depending on the circumstances, a spouse’s marital misconduct can give rise to a claim for alimony, limit the amount owed, or even eliminate a claim for alimony entirely.  If you’re unsure of your situation or whether you qualify for alimony, contact one of our Winston-Salem alimony lawyers

Alimony Lawyers in Winston-Salem

Robinson & Lawing has a dedicated team of Winston-Salem alimony lawyers who will do everything in their power to give you the settlement and representation you deserve. If you require legal assistance in handling the divorce process, we can help. Call (336) 631-8500 to schedule a consultation today.