If you are facing the end of your marriage because your spouse has cheated on you, you may be wondering whether the infidelity could impact the outcome of your divorce. In New York, you can have the option of pursuing a divorce based on your spouse’s extramarital affair. As such, you might be wondering if and how adultery can affect alimony and other issues in your divorce. Please continue reading as we explore what you should know about these matters and why working with an experienced Suffolk County Alimony Attorney is in your best interest. 

How is Alimony Determined?

In New York, the calculation of spousal maintenance, also known as alimony, is not solely based on a formulaic approach. While judges may utilize a calculator to reach a preliminary figure based on statutory guidelines, they will also examine a broader range of factors. Courts have significant discretion to deviate from this initial amount, decreasing or increasing the award if the amount is unjust or inappropriate given the unique circumstances of a case.

There is a common misconception that the lower-earning spouse is automatically entitled to alimony. However, this is far from the truth. In reality, a dependent spouse must request this financial support, and the court will consider various factors to determine if it is necessary and if the higher-earning spouse can pay it. These factors include, but are by no means limited to the following:

  • The age and health of each spouse
  • The duration of the marriage
  • The standard of living established during the marriage
  • The income and earning capacity of each spouse
  • Each spouse’s contributions to the marriage
  • Marital misconduct
  • Any child support obligations
  • Any tax consequences

If My Spouse Cheated, Will It Affect My Alimony Award?

New York allows for both no-fault and fault divorces. As such, judges may consider marital fault when determining whether to award alimony and determining the appropriate amount. The circumstances surrounding the cheating can have an impact on your alimony award. For instance, if your spouse used marital assets to purchase lavish gifts or expensive trips with their lover, it could qualify as a wasteful use of marital property. This could justify a deviation from the maintenance guideline.

You should also note that marital misconduct can also impact how assets are divided during your divorce, as the judge may award a larger portion of marital assets to compensate for your spouse’s wasteful spending.

In the unfortunate event that your spouse has cheated on you, it can be heartbreaking. Navigating this complex legal process while processing your emotions can be challenging, which is why it’s advisable to enlist the help of a determined attorney from The Law Offices of Susan A. Kassel, P.C. for guidance. Our legal team is prepared to fight for the best possible outcome for your case. Connect with our firm today to discuss your legal options.