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Do I have to pay alimony if my spouse cheated on me?

On Behalf of | Apr 22, 2022 | Spousal Support

Divorce can be an emotional, messy experience, especially if your spouse was unfaithful. If your spouse’s cheating led to the destruction of your marriage, you may want as little to do with them as possible moving forward. One link that may tie you to your ex after divorce, however, is spousal support. Spousal support, also known as alimony, consists of periodic payments made by a higher-earning spouse to a lesser-earning spouse. If infidelity was a factor in your divorce, you may wonder if you are obligated to pay your cheating ex spousal support.

Spousal support in Alabama

There are several types of alimony in Alabama. One is “interim” alimony, which is awarded during the timeframe between the filing of the divorce decree and the final judgment of the divorce decree. Otherwise, alimony is “rehabilitative” or “periodic.” These types of alimony are awarded if the lesser-earning spouse is unable to financially obtain the lifestyle they enjoyed while married, the higher-earning spouse is able to support such a lifestyle without suffering economic hardship and the facts of the case support the payment of spousal support as fair.

Is spousal support fault-based?

While most divorces in Alabama are no-fault divorces, sometimes a divorce is fault-based. Infidelity is one type of fault-based divorce. If so, when determining whether to award alimony spousal fault will be considered. This could potentially impact an alimony award.

Learn more about alimony

So, will you have to pay alimony to a cheating spouse? The answer is: it depends. While fault may be considered, there are other factors that will play a role in an award of spousal support. Therefore, if you are concerned about your right to receive spousal support or your obligation to pay it you will want to make sure you understand Alabama law on the topic as you move forward in your divorce.



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