Can a woman who has cheated several times be awarded alimony?

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Can a woman who has cheated several times be awarded alimony?

My parents may be looking into a divorce after 24 years of marriage. My mom has had a drinking problem for 2 1/2 years now. She has cheated on my dad for 2 years with several different men. She even left our home to live with her boyfriend. Now my dad is tired of it and looking into divorce. She has put our whole family through hell. My sister and I are both adults and don’t receive any care from my mom. Is CO still going to force my dad to pay her alimony even if she has cheated?

Asked on August 21, 2010 under Family Law, Colorado

Answers:

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

Answered 11 years ago | Contributor

I am sorry for your family troubles.  It is my understanding that in Colorado, marital misconduct (as the situation is generally termed) is not an absolute bar to receiving alimony or spousal support as it is called now.  There are many factors that the court looks at in deciding to award spousal support: how the marital assets were divided, the length of the marriage, the age of the parties, the earning capacity of the parties and the way things were handled during the marriage (i.e., if the wife was a "stay at home" mom, etc.).  Spousal support does not have to permanent wither.  It can be temproary to help a party get back on their feet (sometimes this is called rehabilitative support).  You Dad should seek legal help on all of this.  Good luck.  


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