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Divorce and Infidelity: Can One Spouse Collect Alimony or Spousal Support From the Other?

Private investigators are frequently hired to help with family law matters, and they are useful for all sorts of reasons. But more often than not, what they find is less than what you would expect. Especially when the case involves cheating spouses, the couples tend to be so discreet that even the smallest bit of information they gather is circumstantial rather than what you see on the silver screen. Here are some of the reasons you might hire a private investigator to get dirt on your suspects.

There are many times when spouses who are having marital problems decide to have an infidelity investigation conducted on each other. The main reason they do this is to discover if their married partners are having an extramarital affair. In many states, it is perfectly legal for such investigations to be conducted, so such investigations provide the necessary evidence for a divorce or infidelity resolution. Private investigators will gather hard evidence like computer data, cell phone records, financial records, and so forth in order to build a strong case against your cheating spouses.

Another common reason for hiring a divorce professional investigator to dig up dirt on your suspected cheater is to use the evidence gathered in an infidelity investigation. When a person is suspected of being unfaithful, it’s not uncommon for them to be confronted with evidence of their infidelity. Often, their partner will confront them personally, or have one or more trusted friends make such an accusation. Hiring a private investigator allows you to gather that proof and present it to your spouse in front of a judge.

Family law issues also involve custody issues. Many times, when parents’ custody issues become contentious, one party will hire private investigators to obtain information and proof that their spouse is, in fact, still alive. Evidence can include such things as an email address where the person who was supposed to be communicating with the child now appears to be communicating with someone else. Another way private investigators to dig up information on deadbeat parents is by hiring a professional to do a background check. Many times, one parent will hire a criminal defense attorney in hopes of using that evidence in court to get custody of the child.

When couples decide they want to get remarried after breaking up, they often try to convince each other that the new partner has never been involved with anyone else. However, no matter how hard some people try, there is no “proof” to show that a new partner hasn’t had an affair before. In many cases, after the wedding, things start to change. One or both spouses begin to acquire new partners, or open up new accounts in their name. Before long, the actual evidence of an affair starts to mount up.

There are also times when one spouse continues to work while the other spouse takes care of the children. In these cases, either spouse can petition for alimony or spousal support. The judge usually looks at each spouse’s earning ability and overall financial situation before making a decision. Alimony or spousal support is most often granted to low income or unemployed people.

In addition to taking into consideration the earning ability of each spouse, courts also consider factors such as each spouse’s age, health, standard of living, length of marriage, history of previous marriages and adultery. For some cases, the judge may ask each spouse to prove that he or she was not the actual “wife” or “husband” during the time of the infidelity. Even in cases where one spouse is proven innocent, divorce is often inevitable.

Regardless of how the spouses behave and settle matters during the divorce, there are some consequences that follow from extramarital affair. Both spouses will lose their right to have joint property, which includes the house and equity within it. Children will also be entitled to pay child support, which usually takes the form of monthly monetary payments. In addition, they will both be personally responsible for filing for any tax returns related to alimony and spousal support.

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