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

UPDATED: May 23, 2012

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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 10 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.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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