Divorce can be quite contentious, especially if one spouse has an affair. For couples in North Carolina to get an Absolute Divorce, they need to live separately from their spouses for one year and the law doesn’t make an exception for adultery. North Carolina is a no-fault state; however, infidelity of one spouse or both can impact the final settlement. A charlotte family law attorney can help a spouse protect their rights and interests as well as give them legal advice on how to move forward and help them understand their options.

Divorce and Spousal Support

Because North Carolina is an equitable distribution state, the court divides the marital assets of a couple equitably, which may not mean equally. To determine if alimony or spousal support payments are appropriate, the court takes into account any marital misconduct, every spouse’s earning capacity, the length of the marriage, standard of living, and other factors. The spouse that depends on the other for financial support should show the court that they can’t meet the expenses in the budget with their own earnings. 

Under state law, adultery is considered “marital misconduct,” so it can have a significant impact on alimony payments. But, the court may think otherwise if the other spouse condones the infidelity or forgives the other spouse for their actions. The court should award alimony if the spouse who has stronger earning potential committed adultery. A judge may deny alimony if the financially-dependent spouse committed adultery, particularly if they move in with the person they have an affair with. 

Property Division and Adultery

Sometimes, adultery can have an impact on property division, especially if the unfaithful spouse used a substantial amount of marital assets to entertain or support their new partner. The court may believe that awarding more marital assets to the other spouse is equitable. 

How Adultery Affects Child Custody and Child Support

In Charlotte, North Carolina, adultery rarely impacts child custody. The state always looks after what is in the best interest of the children. If the unfaithful spouse didn’t expose the children to inappropriate or dangerous situations related to their affair and is a fit parent, the court may grant them legal custody of their children. The state has specific guidelines to determine child support payments and adultery does not impact it in any way.

If your spouse committed adultery and you want to file for divorce, consult a family law attorney