Does Adultery Prevent a Spouse from Receiving Alimony in North Carolina?

There’s no question that adultery can end a marriage, but it can be confusing to understand how an extramarital affair affects the divorce process. Unlike some states, North Carolina does not dissolve marriages based on adultery or any other form of spousal misconduct. As a no-fault state, most divorces are granted because the relationship between the parties has broken down and they have lived apart for at least one year.

Even though adultery is not grounds for divorce here, a sexual relationship outside one’s marriage can have a significant impact on whether spousal support is granted.  North Carolina treats pre-separation “illicit sexual behavior” as a threshold issue when a spouse requests alimony and the parties have not reached an agreement regarding post-divorce payments. Under state law, a spouse who engaged in illicit sexual behavior while married but before final separation is generally barred from receiving alimony. Conversely, an extramarital affair by a higher-earning husband or wife typically means that they will have to pay spousal support, and possibly more than they would have absent the illicit sexual conduct.

There are limited exceptions that can apply. For example, if both spouses have engaged in sexual activity outside the marriage, the bright-line alimony rules don’t apply. In these cases, the judge examines all of the relevant circumstances to determine whether spousal support will be awarded, and if so, the duration and amount of payments.

Continuing to stay in the marriage and live with a husband or wife whom you know had an affair is known as condonation. If this happens, a court will not enforce the ban on alimony payments if the relationship ends at a later date.

Beyond the adultery inquiry, North Carolina judges still consider the full slate of alimony factors when awarding and setting the amount and duration: the length of the marriage, each spouse’s income and ability to earn, age and health, contributions to the marriage, and the dependent spouse’s needs and rehabilitation prospects. Thus, even where adultery influences eligibility, many other facts affect the ultimate decision on spousal support.

At The Moore Law Office, PLLC in Asheville, we handle all types of divorce issues, including negotiations over spousal support. Our North Carolina attorneys will examine the facts in your case and advise you how the relevant law applies. Contact us by calling 828-258-8053 or use our online form to set an initial consultation.