What is marital misconduct?

Divorce in North Carolina is a difficult process emotionally, but most of the court battles center around the financials of it. Many people are very concerned about the amount of alimony they may be required to pay the spouse if they are the supporting party, or concerned about how much they may receive if they are the dependent party. Be aware that the state of North Carolina does not assume that the man will be the one paying spousal support and the woman will be the one receiving the support. The designation is made on your unique financial situation and may also involve marital misconduct. According to FindLaw, marital misconduct is defined as a certain series of willful acts that occur prior to the date of separation.

Probably the most obvious example of marital misconduct is defined as illicit sexual behavior, or “cheating.” If one or the other partner engages in any kind of sexual act with somebody that is not the legal spouse while not separated, this is defined as an instance of marital misconduct.

Other examples of marital misconduct include abandoning the other spouse, reckless spending of income, excessive use of alcohol or drugs, turning the other spouse out of doors (also known as kicking the spouse out of the marital home), being involuntarily separated due to the criminal actions of the spouse, and rendering the life situation of the spouse “intolerable and burdensome.”

There are many acts that could potentially fall under marital misconduct. Particularly in regards to the one involving making a life situation intolerable and burdensome, there is a great amount of interpretation as to what this may mean.