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

The Impact of Marital Misconduct on Alimony Determination

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

At Robinson & Lawing, we have a dedicated staff of alimony lawyers in Winston-Salem who will do everything they can to give you the settlement you deserve. If you’re struggling with your alimony, our lawyers can help. Give us a call at (336) 631-8500 or contact us online to learn more.

When Does it Affect Alimony?

Marital misconduct is when either you or your partner do something that irreversibly damages your marriage and it cannot be reconciled. These actions can have a direct result in how the divorce is settled. No, how does marital misconduct affect alimony? 

Alimony is when the higher-earning spouse pays money to the lower-earning spouse to help them maintain a balance of finances following the divorce. Since alimony is an economic consideration, marital misconduct would not play a factor in how it’s paid out except in two circumstances. If you’re unsure of your situation and if you qualify for alimony, contact one of our Winston-Salem alimony lawyers. The accepted circumstances are stated below. 

 

  • Dissipated Marital Funds- This situation is when the spouse who is charged with marital misconduct purposely negatively affects the marital funds. This would include gambling, hiding assets, tax fraud, fraudulent financial dealings, using assets to fund an affair, and intentionally damaging marital property. Because alimony is an economic consideration, the court may use this misconduct as a way to determine if that spouse should receive alimony or how long and how much they should receive.

 

  • “Shocking the Conscience”- This situation is when the spouse does something so horrendous, so shocking, that it would be considered unjust to award this partner with any form of alimony. The limits of this standard are different based on the state you are in, however, in most cases, it is due to the intentional transmission of a disease or attempted murder on the other spouse. 

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 you deserve. If you require legal assistance in handling the divorce process, we can help. Call (336) 631-8500 to schedule a consultation today.