North Carolina Divorce Laws Adultery - Can I Get More Than Equal Share?
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(704) 557-0131
Many people come into my office and say, "My spouse cheated on me. I want to take him to court for adultery and I want to sue him for everything he's worth."
Well, in North Carolina, it's not simply that easy. Adultery is a ground for your legal separation. It is a factor to allow you to get alimony. However, who cheated on who it is not a factor that will necessarily affect the property distribution.
North Carolina Divorce Laws presumes an equal division of property, and unless there's really more of financial misconduct or some financial inequity on the parties, then it's presumed that they're going to divide the property 50-50. That affair could be used to establish alimony or could be used to establish a legal separation. It cannot be used to get a greater than equal division of marital property. It doesn't seem fair, but the courts are bound by that decision.
McIlveen Family Law Firm
401 North Tryon Street
Charlotte, NC 28202
(704) 557-0131
