Phil
recently joined
Reged: 04/14/07
Posts: 2
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If the divorce is caused by the wife's adultery would she receive alimony? It doesn't seem right that she could benefit from her own wrongdoing.
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Rebecca5
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Reged: 06/02/05
Posts: 11697
Loc: Down home.
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It depends on your state, your circumstances, etc. A little more information might get you a more accurate answer.
SHOULD an adulterer get spousal support? IMO...no way.
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Miranda
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Reged: 06/02/05
Posts: 20822
Loc: North of Mexico
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[quote]If the divorce is caused by the wife's adultery would she receive alimony? It doesn't seem right that she could benefit from her own wrongdoing. [/quote]
You'd have to file a fault divorce and prove it. In OK and many other conservative states, adultery would most certainly affect alimony.
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13.1...because I am only half crazy!
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TGSM
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Reged: 02/06/05
Posts: 5843
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They can in CA, our state doesn't give a crap. I think it's wrong that a person can leave/ruin their marriage and force the other person to pay for their choices.
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Faith-a f*rm belief in something for which there is no proof...complete trust.~Merriam Webster
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trophywife
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Reged: 01/26/07
Posts: 166
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In VA, someone who commits adultry is barred from alimony. But either they have to admit to the act or the other party carries a heavy burden of proof,
Also, it has little effect on the property settlement, and I am told the absence of alimony often helps boost the settlement received. Judges are not all that interested in adultry, unless the situation is really taudry. People cheat for many reasons, not the least of which is the behavior of their spouses. Judges just as soon do things on the no-fault model.
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spinnerdegrassi
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People cheat because of the behaviour of their spouses???? Huh? People cheat because they're douchebags. Nothing a spouse does forces a person to cheat. They make that call all on their own.
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Susanf31
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True. I've known a few marriages where BOTH sides were cheating, but only one side could prove it. Wouldn't be fair to skew alimony over to the other side.
One side could be cheating, but the other side could be an abuser who beats up their spouse, or a drug/alcohol abusers, etc.... Which one is worse? Dunno, but one side shouldn't get out of alimony when what they are doing is just as bad as the cheating going on ont he other side..
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trophywife
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Reged: 01/26/07
Posts: 166
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Susan you are getting at the core of the issue. The reason we have no fault is that the divorce pushed for it knowing how murky all this stuff can be.
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googledad
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Reged: 12/31/05
Posts: 10207
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[quote]True. I've known a few marriages where BOTH sides were cheating, but only one side could prove it. Wouldn't be fair to skew alimony over to the other side.
One side could be cheating, but the other side could be an abuser who beats up their spouse, or a drug/alcohol abusers, etc.... Which one is worse? Dunno, but one side shouldn't get out of alimony when what they are doing is just as bad as the cheating going on ont he other side.. [/quote]
Seeing as only the " fault " of the person requesting alimony/SS is considered , it's a moot point .
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Careful. We don't want to learn from this.
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Susanf31
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Reged: 06/02/05
Posts: 10630
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I really am for no-fault divorce. Even if a spouse is cheating, it's usually because the marriage has failed...and it's usually takes 2 to make a marriage fail.
Even if a spouse was totally faithful while the other wasn't, that doesn't mean the faithful spouse was a "good, loving" spouse who kept all of their marital vows.
I believe in alimony as compensation for the contributions one spouse made to the family...that had a financial consequence to themselves but not to the other spouse. Fault of why the marriage failed really has nothing to do with that.
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