Can you sue your spouse for alimony just because you think they’re cheating?

My stepdad has not worked in 7 years and is trying to sue my mom for alimony just because he thinks she is cheating on him. All my mon does is work all day and then she comes home to take care of my disabled sister and minor sister. He has no proof that she is cheating. Is he still able to try and get alimony?

Asked on May 23, 2012 under Family Law, Utah


M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

I am so sorry for your situation.  You Mom sounds like a really wonderful person and she is lucky to have such a caring child such as you inquiring on her behalf.  If your Mom and step Dad are not going through a divorce then he can not ask for alimony at this point in time.  If they are he can ask for temporary alimony and yes then alimony in the divorce.  He can ask for temporary support if they are just separated.  Now, these are all general statements and it would be best for your Mom to go and speak with an attorney in your area about this.  If he can work and just won't then Judge's do not look kindly on that.  Good luck.

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