Does adultery effect an award of alimony?

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Does adultery effect an award of alimony?

My husband committed adultery several times in our marriage with and without me knowing. Also, I committed it once during this time while I was vulnerable and insecure. He is now kicking me out of our house and wants a no fault divorce. If I brought him to court what would I get? Is alimony an option? I do not make enough to support myself. I do want the home we are living in.

Asked on August 8, 2010 under Family Law, Louisiana

Answers:

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

Answered 10 years ago | Contributor

I am sorry for your troubles.  For a no-fault divorce in Louisiana you have to be living separate and apart for 180 days prior to the filing of the Petition for Divorce.  Adultery is, however, a basis for "fault" ground for divorce.  Louisiana is considered a "Community Property" state. Community property is defined as all property and debt that was acquired from the date of marriage until the marital cut-off date. The community assets will be split equally by the District Court if the spouses are unable to reach an agreement. As for alimony, the court determined that on a case by case basis.  Alimony can be temporary during the proceeding or issued after the divorce is final.  The court takes in to account many factors in determining the entitlement of spousal support, one of which is the standard of living during the marriage and the financial needs of the parties.  It is my understanding that fault may also be considered, but I would double check with an attorney in your area to be sure.  Good luck.


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