Frequently Asked Questions

When we speak of marital fault, we are speaking of marital misconduct. The statute sets forth various types of behavior which constitute marital misconduct, including but not limited to abandonment and adultery. Please refer to the factors the Court utilizes to determine Post-Separation Support and Alimony within the Post-Separation Support and Alimony section of this website. Marital misconduct may apply to an Alimony claim only after the Court has made a determination there is in fact a dependent spouse and a supporting spouse and that the supporting spouse has the ability to pay support to the dependent spouse.