In addition to illicit sexual acts and abandonment, there are several other types of marital misconduct that may be considered by the judge in making a determination as to amount and duration of a post-separation support and/or alimony award.
Those other types of marital misconduct include:
- Involuntary separation of the spouses in consequence of a criminal act committed prior to the proceeding in which alimony is sought;
- Malicious turning out-of-doors of the other spouse;
- Cruel or barbarous treatment endangering the life of the other spouse;
- Indignities rendering the condition of the other spouse intolerable and life burdensome;
- Reckless spending of the income of either party, or the destruction, waste, diversion, or concealment of assets;
- Excessive use of alcohol or drugs so as to render the condition of the other spouse intolerable and life burdensome;
- Willful failure to provide necessary subsistence according to one’s means and condition so as to render the condition of the other spouse intolerable and life burdensome.
Please take the time to discuss illicit sexual acts, abandonment, as well as any of these other types of marital misconduct with an attorney to fully understand how it may or may not impact your case for post-separation support and/or alimony.