Gilmartin v. Gilmartin

Early in their marriage, Tracie Gilmartin (plaintiff) discovered that Michael Gilmartin (defendant) was addicted to pornography, and it became an ongoing point of contention. Michael repeatedly visited pornographic websites and pursued online sexual encounters. His conduct left a digital trail discoverable by the couple’s minor children. When Tracie would confront Michael, Michael would deny the conduct, then become defensive before ultimately apologizing and promising to change his ways. Tracie would believe Michael for a time, but the pattern would repeat. In addition to the ongoing pornography-related indignities, Michael had two affairs in 2008. Although Tracie learned of the affairs, she stayed in the marriage. Shortly before the spouses’ separation in 2016, Tracie believed the marriage was improving, and the spouses engaged in sexual relations. However, Michael was deceiving Tracie, falsely telling her that he was not engaging in his usual online behavior. One day, after an argument over childcare, Michael announced that he hated Tracie and the marriage was over. The spouses separated. Tracie sued Michael for permanent alimony, meaning financial support for an indefinite or court-specified period. In support, Tracie alleged that Michael had engaged in marital misconduct, specifically in illicit sexual behavior and indignities. Michael asserted condonation as a defense, arguing that his conduct could not be held against him because Tracie had condoned the conduct by staying in the marriage. The trial court held in Tracie’s favor, ordering Michael to pay alimony for 48 months. Michael appealed.