If a spouse commits adultery, can they still get alimony?

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If a spouse commits adultery, can they still get alimony?

My wife and I are separating in March. She has been cheating on me for months. She is not aware I know. When she moves I plan on filing for adultery. I have text and facebook messages between the two of them and pictures of them together hugging and kissing. Are copies of text messages and pictures of my wife and her lover hugging and kissing enough evidence? Do I have enough proof and do I have to worry about her getting mad I found out and asking for alimony?

Asked on January 30, 2012 under Family Law, South Carolina

Answers:

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

Answered 9 years ago | Contributor

I am sorry for your situation.  Generally speaking, alimony - or spousal support or maintentance -  is not a guarantee in a divorce for either party.  Courts are given great discretion in granting same and in what type of support: temproary, rehabilitative - and the amount.   There are certain general factors that affect awards which include but are not limited to the duration of the marriage; the age of the parties at the time of the divorce; the relative income and future financial prospects of each spouse; and yes, some times “fault” is also a factor depending on the state. It is determined on a case by case basis.  Get help.  Good luck. 


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