Under the North Carolina criminal statues, having sex after separation, with someone other than your spouse, constitutes the crime of adultery. While enforcement of this statue is rare, it is common for sex during separation to affect negotiations and lawsuits.
What could have been an amicable divorce can turn instantly acrimonious when one spouse learns the other is already having sex with someone else.
The court considers the circumstances leading to divorce when dividing marital property or awarding alimony.
In Virginia, property is divided based on "equitable distribution," which means each spouse is awarded a fair percentage of the assets.
Alternatively, the spouse who committed adultery or abandonment may be ordered to pay additional alimony as reimbursement for any marital assets misused during the period of adultery or abandonment.