Does rip-off prohibit you from gathering alimony in Raleigh, NC?

It’s worth noting that if the cheating was “condoned or forgiven” by the other spouse, the judge may decide to award alimony.

Most states provide alimony to spouses who are financially dependent on their husbands or wives. However, in North Carolina, if a dependent spouse cheats on their supporting spouse before the separation, they could lose the right to maintenance1.

Under North Carolina law, “illegal sexual conduct” affects the award of child support. Infidelity, commonly referred to as cheating, is considered illegal sexual conduct. If your spouse has cheated and you want to find out if you are entitled to child support, we can put you in touch with divorce lawyers who can determine this.

If a supportive spouse cheats in NC, they will be forced to pay alimony

The North Carolina Judicial Branch website specifically states that if a supporting spouse is found guilty of cheating on the dependent spouse before they had a chance to separate, they will be forced to pay alimony. In the event that both spouses have cheated on each other, the decision to grant alimony is at the discretion of the judge overseeing the case.

It’s worth noting that if the cheating was “condoned or forgiven” by the other spouse, the judge may decide to award alimony.

How is child support calculated in North Carolina?

There are many factors a judge will consider when determining whether a party is entitled to maintenance, some of which include:

  • The earning potential of each party
  • The income of each party
  • Old
  • Training
  • Health
  • The length of the marriage
  • property of both parties
  • Contributed to the marriage
  • misconduct in marriage

Now, if you’re wondering how much you might be able to collect in child support, know that North Carolina doesn’t use any formulas or guidelines to determine this. Instead, they consider the above factors along with other facts from the case.

man standing near the bed near the window; Image by Marcos Paulo Prado, via

However, there are experienced Raleigh divorce attorneys who will assess your circumstances and assess how much you may be owed.

Find out if you are entitled to child support payments

If you are a dependent spouse and are going through a divorce, we can put you in touch with North Carolina Divorce Attorneys who can estimate how much child support you are owed. While there is no guarantee that you will receive it, it is always a good idea to enter the court proceedings prepared.

Divorce attorneys not only help individuals understand their rights in a divorce, but they also help protect and exercise them when they are overlooked. This means if your spouse tries to smear your name to reduce your chances of getting child support, your attorney will be there to defend you.

If you have minor children, you can also contact child custody attorneys to learn more about how North Carolina awards custody and your chances of a fair and favorable outcome. Contact today to connect with an attorney in your area.

Do you have questions about this article or a legal issue? Call 800-672-3103.



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