Does Adultery Affect my Alimony?

Oct 19, 2018

Adultery is a relatively common and it is often a factor in a married couple choosing to dissolve their partnership. Many view such indiscretions as a violation of their trust and an indication of a lack of respect their partner has for them and their relationship. For those who are considering or are going through a divorce as a result of infidelity, this article will explain whether adultery can affect alimony and why you should get a divorce attorney.

Alimony, also known as spousal support, is financial support paid to one spouse by the other following a divorce or separation. It is typically granted when it has been found that said spouse will require financial assistance to care for themselves and/or their children. Whether such payments will be awarded can depend on multiple factors including: the length of the marriage, educational degrees received during the relationship, children, standard of living, earning capacity, assets, expenses, etc.. In New York, simply committing adultery may not officially impact the court’s decision to award alimony payments, though it is an instance of marital fault. However, if the offending spouse spent substantial monetary resources on their affair(s) during the course of your marriage, that will be taken into account. This is because such actions would qualify as a wasteful use of marital assets, which does factor into the court’s decision. This means that the circumstances regarding their adulterous behavior can impact the decision to award alimony to the aggrieved party. Of course, it can be rather difficult to receive necessary spousal support without the help of a dedicated, Brooklyn divorce lawyer.

Divorces are exhausting and emotionally fraught matters, and it is incredibly helpful to have an objective attorney to serve as your advocate. Many people wind up with the short end of the stick because they chose not to hire a divorce attorney, believing that their spouse would proceed in a fair and cordial manner. Divorce cases can be incredibly contentious affairs, particularly in instances where one or both individuals are at fault. Adultery can be sufficient grounds for an at-fault divorce, and if you find yourself engaged in such a case, an experienced divorce lawyer can be essential. Their in-depth knowledge of law and procedure will ensure that your interests are properly protected. A divorce attorney in Brooklyn can guide you through this often painful and complicated process.

If you reside in New York and feel that you may require the services of a Brooklyn divorce attorney, contact the Levitsky Law Firm. They have experienced and knowledgeable lawyers who can help you get the alimony you are due.