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New York Divorce: Does Adultery Impact Alimony?

New York Divorce: Does Adultery Impact Alimony?

Posted By Meyers Law Group, P.C. || 26-Dec-2013

The sad reality is that infidelity is the reason that many married couples break up. While it may lead to a divorce, how big of a role would this adultery play in the divorce process itself? A Long Island divorce attorney could better explain the specifics in your particular case, but here is how adultery could affect your divorce.

For one thing, a no-fault divorce is still possible even in cases where there has been infidelity. This would save a lot of time and stress for a family, especially the kids. If you want to file for divorce based on the ground of adultery, then you need a third-party, such as a private investigator, to yield proof of this. If you file for a fault divorce on the basis of adultery, then this will trigger a contentious divorce battle.

As for alimony, or maintenance, or spousal support, as it can be called in New York, adultery on its own would not affect alimony. In fact, it will not automatically mean that the other spouse will be awarded maintenance. That being said, if a cheating spouse uses marital assets for things such as presents, hotel rooms, trips, etc. in the affair, then a judge could deem this as "wasteful dissipation" of the couple's marital assets. This would indeed impact alimony. Of course, a great deal of other factors will play into whether or not maintenance would be awarded, and how much. If you and your spouse have a prenuptial or postnuptial agreement that addressed the issue of alimony, then your agreement is what would be followed, regardless of whether or not there was infidelity.

To get legal counsel for the divorce process you face, and to find the legal advocate you need on your side, contact the Meyers Law Group, P.C. Learn how a committed Long Island divorce lawyer can help you.