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Can a Cheating Spouse Still Receive Alimony?

Divorcing couple sitting on a couch holding signs with drawings of broken hearts in front of their faces.

As the confetti fell on the 2022 NBA champions, the Golden State Warriors, the Warriors’ best player, Stephen Curry, celebrated the team’s victory with his family, including his parents. However, as happy as Sonya and Dell Curry were for their son, they were equally as at odds with one another, because of their impending divorce.

According to The Mercury News, Sonya and Dell Curry are involved in a messy divorce. Both Dell and Sonya have accused the other of adultery. If either spouse’s accusations are proven true, it could have a major impact on alimony decisions.

How Much of an Impact Does Adultery Have on Alimony in North Carolina?

Per the report in The Mercury News, as a part of his divorce filing, Dell Curry is requesting that Sonya Curry receive no alimony, because he alleges that she committed adultery. While those allegations, as well as Sonya’s allegations that Dell cheated on her, have yet to be proven, there is the possibility that if Dell’s claims are proven, Sonya could be stripped of her right to receive alimony (or receive less alimony than she would if Dell’s adultery claims are disproven).

This is because in North Carolina, if the court finds that the supported spouse cheated, it may deny that spouse alimony. If the court finds that the paying spouse committed adultery, it will likely award the supported spouse alimony. If the court finds that both spouses committed adultery, it can use its discretion to decide whether to award or deny alimony.

Speak with Our Experienced Divorce Attorneys About Your Situation Today

If you’re involved in a divorce that includes accusations of adultery, or you are facing intense alimony negotiations, our experienced divorce lawyers can help. Rech Law, P.C. has been helping clients successfully navigate the divorce process and secure favorable outcomes regarding issues of alimony, child custody, and child support since 2010.

In addition, whether you suspect your spouse cheated or your spouse has accused you of adultery, we know how to handle the situation and protect your legal rights during the divorce process.

To discuss your situation with our experienced divorce attorneys, call us at (704) 659-0007 or reach out to us online today to schedule a confidential consultation.

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