The Impact of there being “Another Woman”

It is not uncommon when a husband and wife end their relationship, that one or both of them become involved with other people. For some, that new relationship started before the husband and wife have actually separated; in such cases, that is usually the reason for the dissolution of the marriage. In recent news, it was reported that American Idol winner and Broadway performer Fantasia Barrino was named as the “other woman” in the divorce between Paula and Antwaun Cook in North Carolina. What would such allegations mean if the case were brought in Pennsylvania?

If Paula were able to prove the allegations that Antwaun and Fantasia were engaged in a sexual relationship prior to the parties’ separation, then Paul could obtain a divorce on the grounds of adultery. However, because fault cases can be more expensive, it would not surprise me if Paula chose not to pursue a fault divorce under Pennsylvania law.

If Antwaun were seeking spousal support from Paula which could only happen in Paula had the greater income or earning capacity, Paula could assert that Antwaun should not receive spousal support because of his adultery. If the person being asked to pay spousal support (the payor) can prove that the other party (the payee) engaged in any conduct which would enable the payor to obtain a fault divorce, even if such a divorce is not being requested, the payee is not entitled to receive spousal support. This is referred to as an entitlement defense. Even if Paula were able to prove the adultery and prevent Antwaun from receiving spousal support, under Pennsylvania law, Antwaun may still be able to receive alimony pendente lite.

Under Pennsylvania law, whether either or both parties engaged in an adulterous relationship has no impact on the distribution of marital property, referred to in Pennsylvania as equitable distribution. The fact that adultery has no bearing on equitable distribution is very frustrating for the person whose spouse committed adultery.

However, if a person committed adultery is a factor in alimony. It is one of 17 factors that the court considers in determining whether there is going to be alimony. This factor is part of the law in Pennsylvania and in North Carolina, where Paula and Antwaun Cook are involved in a divorce case. In Pennsylvania, the “marital misconduct” is a factor without regard to which party engaged in such conduct. If Antwaun and Fantasia engaged in an adulterous relationship, it is something that a court in Pennsylvania would consider regardless of which party was asking for alimony. In this situation, it can help Paula whether she is seeking alimony or defending against a claim for alimony against Antwaun. There is one important consideration, however, the marital must conduct, to be relevant, must have taken place prior to the parties’ separation.

Under Pennsylvania law, if Antwaun and Fantasia are living together, the Court has the discretion to consider the additional income in the household, when determining whether a deviation (almost always in increase) from the child support guidelines is warranted. This does not mean that Fantasia’s income is added to Antwaun when determining his child support obligation. Rather, courts tend to see if the additional household income is going to pay some of Antwaun’s living expenses which frees up more of his income to pay child support.

In a child custody case, it is not uncommon for the Court to want to know more about the other adults that may be in the lives of the children especially if the parent is living with a paramour.

The article mentioned above also notes the possibility that Paula may file a civil lawsuit against Fantasia for the alienation of affection, i.e. that she caused the break up of her marriage. While North Carolina law may allow for such a suit, Pennsylvania abolished law suits for the alienation of affection. In addition, there is some speculation that Paula may also assert a claim against Fantasia for “criminal conversation”. In effect, this law in North Carolina allows for a civil claim against the other woman for engaging in an adulterous, sexual relationship with the claimant’s husband. Such a claim has also been abolished in Pennsylvania.

While the impact of there being “another woman” is limited in Pennsylvania, in some jurisdictions, such as North Carolina, the impact can be significant.