Under General Statute 50-16.2A, amongst the factors a judge can consider in granting support is any martial misconduct by the parties.
Marital misconduct can include abandonment and “illicit sexual behavior.” A former spouse could use evidence of your relationship, similar to the “alienation of affection” and “criminal conversion” claims, to argue that you are at fault for ending the marriage and deserve less financial support.
Under North Carolina General Statute 50-6, a couple must be separated for one year before a divorce is final.
If the court awards periodic support for a defined duration, such findings shall identify the basis for the nature, amount and duration of the award and, if appropriate, a specification of the events and circumstances reasonably contemplated by the court which support the award. For purposes of this section and § 20-109, "date of separation" means the earliest date at which the parties are physically separated and at least one party intends such separation to be permanent provided the separation is continuous thereafter and "defined duration" means a period of time (i) with a specific beginning and ending date or (ii) specified in relation to the occurrence or cessation of an event or condition other than death or termination pursuant to § 20-110. Where there are no minor children whom the parties have a mutual duty to support, an order directing the payment of spousal support, including those orders confirming separation agreements, entered on or after October 1, 1985, whether they are original orders or modifications of existing orders, shall contain the following:1.
The obligations, needs and financial resources of the parties, including but not limited to income from all pension, profit sharing or retirement plans, of whatever nature;2.
The standard of living established during the marriage;3. The age and physical and mental condition of the parties and any special circumstances of the family;5.
Essentially, if you can prove that the relationship did not begin until after you separated, it hurts your former spouse’s claim that your boyfriend or girlfriend caused the marriage’s end.
Beyond these actions, dating can have an effect on any post-separation support you may receive.
The extent to which the age, physical or mental condition or special circumstances of any child of the parties would make it appropriate that a party not seek employment outside of the home;6.