Dating during a legal separation
Marital misconduct is a number of behaviors – illicit sexual behavior (ie: a sexual relationship with someone other than your spouse) is just one "type" of marital misconduct.A dependent spouse who has committed an act of illicit sexual behavior before the date of separation cannot be awarded alimony.However, the North Carolina statute still maintains the concept of marital misconduct.Even a relationship post-separation can be used as evidence to prove that similar behavior and conduct was occurring during the marriage prior to separation.North Carolina is a no-fault state, but that doesn't mean the judge will turn a blind eye to any marital misconduct.
Other than the issues discussed above, your relationship could also cause issues if you begin to cohabitate with one another.In determining how much, if any, support you should receive, or even if support should continue, the court will certainly look into whether or not you are cohabitating.Sharing a residence can reduce what the court sees as your monthly expenses, thereby reducing the amount of support award you will receive.A supporting spouse who has committed an act of illicit sexual behavior before the date of separation must pay alimony.
When both spouses have committed acts of illicit sexual behavior, the court will weigh the relative fault of the parties to determine whether support should be awarded.
Generally, the amount of support under the guideline is presumed sufficient to meet the child's needs; however, the court may deviate from the guidelines.