Does Cheating Affect Alimony in Queens, NY?Tuesday, August 22nd, 2017, 2:17 am
Unfortunately, marital infidelity (or cheating) can be one of the main reasons a marriage ends. When adultery happens, it can make the divorce process even more complicated. In the event that someone cheated in your marriage, it may influence the amount of alimony received.
In New York, individuals can file for a "fault" divorce. This states that one individual in the marriage did not uphold their commitment. While there are other reasons for a "fault divorce," adultery is one of them.
If you are going to claim that adultery occurred, you will need to provide proof to the court. That proof may need to come from a third-party, meaning you may need to hire a private investigator to secure evidence for you. This can add an additional layer of complication to your divorce.
Will Adultery Impact Alimony?
In most cases, the court will not consider the reason behind the divorce when awarding alimony. In New York State, Alimony is given based on factors such as the age and health of both spouses, the length of the marriage, and the income and property of both spouses. If children are involved, alimony will also consider where the children will live and what additional expenses the children may need.
However, adultery may impact the amount of alimony an individual gets if the spouse used marital assets while cheating. This includes using marital funds to purchase gifts, hotel rooms, vacations, or meals. If an excessive amount of funds were used to facilitate adultery, this may become a factor the judge considers when awarding alimony.
No matter the circumstances surrounding a divorce, it can be a complicated process with many different questions and concerns. If your spouse has been cheating, you will want to ensure you have the proper protection and representation needed to win your case.
For assistance through the divorce process, contact the Queens divorce attorney office of FK Law Group. Having assisted numerous individuals through the divorce process, the FK Law Group team has served the Queens community for a number of years. If you're ready to get started with your divorce process or you have questions about adultery, contact us at 800.631.1757 for a free consultation.