If I can document my wife’s recent adultery, how will that impact any spousal support that I may have to pay?

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If I can document my wife’s recent adultery, how will that impact any spousal support that I may have to pay?

My wife and I have been married 13 years. I am the sole household earner. We have a disabled child. My wife’s other children (previous marriage) will ask court to give me custody for their sister’s sake. I can document adultery in 09/10. I can document her spending the night with another man last week.

Asked on February 14, 2011 under Family Law, Ohio

Answers:

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

Answered 10 years ago | Contributor

In OH, spousal support (alimony) is determined on a case-by-case basis.  In some situations it is not even awrded. While state law does not expressly include adultery as a factor that a court can consider in determining a need for spousal support, the law does give the court the power to consider any factor that it finds relevant; this may include adultery.

However, there are other factors to be considered in determining an award of spousal support: the earning capacity of the parties, the standard of living that each spouse enjoyed during the marriage, pensions and other similar benefits, each spouse's education, past financial contributions during the marriage, tax consequences resulting from the divorce, and lost income that resulted from martial responsibilities.


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