If my husband and I decided to get divorced and I started seeing some a month later, is that considered adultery?

I moved into guest room. Because of my actions does he now have the right to stop paying me alimony and go back on our agreement?

Asked on July 28, 2010 under Family Law, Arizona

Answers:

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

Answered 10 years ago | Contributor

It is my understanding that adultery as you call it but "marital misconduct" as Arizona refers to the situation, is not a factor in deciding distribution of martial assets OR in the award of alimony.  When you say that you have an "agreement" is it a written agreement or an oral agreement?  Written agreements are really the way to go.  Without a legal written confirmation that he has agreed to set terms they can be re-litigated in Court and the issues can be decided instead by a Judge.  I would seek legal help with all of this from an attorney in your area.  Given your present relationship situation it may be a good idea to take the next step toward severing all ties.  Good luck.


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