Would i have to pay alimony if i find evidence of my wife pursuing another relationship while were still married?

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Would i have to pay alimony if i find evidence of my wife pursuing another relationship while were still married?

My wife and I are separated but still living in the same house until its sold. I’ve found evidence (phone records) associated with large bills to a number (a person I know) before any talks of separation. Could I use this in court? Would this be admissable evidence if she tried to get me for alimony?

Asked on July 1, 2009 under Family Law, Pennsylvania

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 14 years ago | Contributor

Where a divorce decree has been entered, the court may allow alimony, as it deems reasonable, to either party only if it finds that alimony is necessary.  In determining whether alimony is necessary and in determining the nature, amount, duration and manner of payment of alimony, the court shall consider all relevant factors. 

One of those factors is the marital misconduct of either of the parties during the marriage.

Generally, adultery alone doesn't affect whether or not alimony is awarded, however, it may enter in to how much is awarded.


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