Does infidelity affect alimony?

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Does infidelity affect alimony?

My parents are in the process of divorcing. I know and confronted my mom about an inappropriate relationship she had with another man for several months before she asked for a divorce (I’m not sure how far the relationship went, but I do consider it infidelity). My dad does not know about the relationship. I’ve heard that OR does not consider fault in alimony cases, but could my knowledge affect the alimony decision? I really want to stay out of everything, but I don’t want to hurt my dad financially.

Asked on November 29, 2010 under Family Law, Oregon

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

Basically, in OR adultery is not considered in making a determination of alimony (spousal support).  The court will consider the following to determine whether alimony is appropriate in a given case and the type and duration of alimony:

  • Duration of the marriage;
  • Age, health and condition of the spouses;
  • Standard of living established during marriage;
  • Training and employment skills;
  • Work experience;
  • Financial needs and resources of each party;
  • Tax consequences;
  • Custodial and child support responsibilities; and
  • Any other factors the court finds relevant.

I realize that you are in a tough position. However, not mentioning anything to your father won't hurt him; especially if you are not certain that such a relationship existed.  Divorce is tough enough; it's probably best not to muddy the waters.  Best of luck.


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