ER Law: Trial Attorneys | Family & Personal Injury | Greensboro, NC
ER Law: Trial Lawyers | Personal Injury & Family Law | Greensboro, NC

How Can Marital Misconduct Affect Alimony Terms in a North Carolina Divorce?

Marital misconduct can have a significant impact on alimony terms in a North Carolina divorce. If a spouse commits certain acts of misconduct, such as adultery or abandonment, it may lead to the court awarding more alimony to the innocent spouse or denying alimony to the offending spouse.

In North Carolina, marital misconduct is defined as any of the following acts that occur during the marriage and prior to the date of separation:

  • Adultery
  • Abandonment
  • Malicious turning out-of-doors (wrongful eviction from the home)
  • Cruel or barbarous treatment endangering the life of the other spouse
  • Indignities rendering the condition of the other spouse intolerable and their life burdensome
  • Excessive use of alcohol or drugs
  • Reckless spending of the income of either party
  • Willful failure to provide necessary subsistence according to one’s means and condition

If a court finds that a spouse has committed any of these acts, it may consider the misconduct when determining the amount and duration of alimony. In some cases, the court may even deny alimony altogether to a spouse who has engaged in marital misconduct.

While marital misconduct can affect alimony, it does not automatically bar a spouse from support. The court will consider various factors, including the conduct of both parties, when making its decision. An experienced family law attorney can help you understand how marital misconduct may impact your specific case and guide you through the divorce process in North Carolina.

October 15, 2024 – Eric Richardson 

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