Question:
My wife and I are currently separated and headed toward divorce. We have already signed a separation agreement.
After I signed the agreement to pay her alimony, I found out she was having an affair while we were married.
Do I have any recourse to stop paying alimony due to her affair?
Answer:
Unfortunately, the answer to your question depends on what is in the separation agreement that you signed. If you agreed to pay alimony and waived the right to modify the alimony amount you may be stuck with paying the alimony amount since you agreed to it.
However, you may be able to claim fraud or mutual mistake depending on the circumstances, thereby rescinding the agreement. In order to determine what language was used in your separation agreement and the specific circumstances of your case, you need to consult with an attorney to see if there is a valid legal remedy at law.
I would speak to an attorney in your jurisdiction who could better advise you after obtaining more information from you concerning your specific case. Please be advised that my answering of this question does not constitute an attorney-client relationship. Cordell & Cordell has men’s divorce lawyers located nationwide.
Andrea Miller is a Staff Attorney in the Charlotte, N.C., office of Cordell & Cordell where she practices domestic relations exclusively. Ms. Miller is licensed in the state of North Carolina. Ms. Miller received her undergraduate degree in History and her Juris Doctor from the University of North Carolina at Chapel Hill. While in law school, she on the Client Counseling Team for Moot Court and became a board member. Ms. Miller also participated in UNC’s Legal Assistance Clinic whereby she helped represent indigent clients obtain legal counsel primarily in the area of domestic relations.
