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Roger, Attorney
Category: Business Law
Satisfied Customers: 30895
Experience:  BV Rated by Martindale-Hubbell; SuperLawyer rating by Thompson-Reuters
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can you get alimony if your spouse cheats on you

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can you get alimony if your spouse cheats on you
Hi - my name is XXXXX XXXXX I'm a Business litigation attorney.

Generally, yes. Spousal support/alimony is a need based award, so if one spouse can prove that he/she needs money from the other spouse to maintain bills, etc., the court can award support. Adultery may have some effect on the court when determining the amount of support, but it will not prohibit support/alimony.
Customer: replied 4 years ago.

so if im working and my spouse thinks i cheated and is trying to get alimony and she says shes in school can she get alimony based on just that

She's more likely to get alimony based on the fact that she's in school over the fact that she claims you're cheating on her. She'd have to prove both - and it's probably much easier for her to prove that she's in school.

In a case like this, the judge can order rehabilative alimony that will pay her until she gets through school.
Customer: replied 4 years ago.

she was already moved out and we were seperated when i supposibly cheated but my question to you is what if she drops out if she is supposibly in school or what if its an online school

It's up to the judge. If her circumstances change - and she drops out of school - you can ask that your support obligation be modified. Also, if she is taking an online class, and it doesn't impact her ability to work, the judge could refuse to award support.

It is TOTALLY up to the judge and how convincing each of you are in your arguments.
Customer: replied 4 years ago.

sorry to keep bugging you but what if she chooses to never work for say if shes living with her parents and they pay for everything does that mean i will have to pay cause she isnt working because its not her being incapable just not wanting too

The court won't allow her to do that and get alimony from you. If a judge finds that a spouse is under-employed (not working up to her potential or skill set), the judge can estimate what she could be making if she were to work full time and then decide whether or not support was still required.
Customer: replied 4 years ago.

ok thank you for your help sounds to me like i dont have to worry so much and if she is pregnant and divorce hasnt been filed yet isnt that considered adultery

If she's pregnant by someone else, that would be considered adultery.
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