Why NY Courts Don’t Always Recognize Adultery as a Factor for Alimony

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a woman taking off her wedding ringThose who seek divorce in New York based on allegations of a cheating spouse should expect that courts wouldn’t always grant alimony payments based adultery alone.

However, a judge may award alimony in certain circumstances such as your partner using conjugal assets for their affair. A divorce attorney in Suffolk County would help you understand whether you should pay alimony.

Deciding Factors

A court will base its decision on alimony payments on different factors, primarily each spouse’s income and earning potential. There is no certain formula for determining a standard amount since not all cases are the same. Still, the spouse with a higher income has been the one to provide their partner with marital support.

Other factors include you, your spouse’s age, health, possible loss of health insurance, and the division of property. Since New York is an equitable division state, you may have the chance to keep the money you earned during the marriage for yourself.

Any property under your name alone also allows you to have complete control over it in most cases.

New York Laws

New York observes its own laws when granting a divorce. The state allows a person to file for a “fault divorce” if they can prove that the cause was due to their partner’s wrongdoing. If you were the one to file for divorce on the grounds of adultery, you need to have evidence that your spouse slept with someone else.

That’s why legal counsel is important during the process since you may need to attend multiple hearings about the case.


You should aim to finalize your divorce soon if you want to avoid the implications of tax reforms on alimony payments. There would be a new set of guidelines by 2019, so it’s best to hasten the process.

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