Can a court award alimony to a spouse who has committed adultery?
In Arkansas, alimony (also known as spousal support) is typically awarded to the lower-earning or non-earning spouse in a divorce. The court looks at several factors in determining the amount and duration of this support. Generally, a spouse’s adultery will not be used as a factor to deny or reduce alimony. However, a spouse’s adultery may be considered by the court in certain circumstances. Specifically, if the adultery occurred shortly after a legal separation, it could be seen as a violation of the other spouse’s marital expectations and be used to modify the court-ordered alimony. In addition, if the adulterous spouse was supported financially by the other spouse, the court could order the adulterous spouse to pay a portion of the money back to the other spouse as a penalty for adultery. In summary, while a court is not likely to deny alimony outright due to adultery, it may have a bearing on the amount and duration of the alimony award.
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