Does A Cheating Spouse Get Alimony?

Going through a divorce for any reason can be a painful process. When the decision for divorce is centered around adultery, it can have both emotional and financial implications. If you want to know if a cheating spouse will be able to collect alimony, our Commack NY Family Lawyer at Simonetti & Associates has the answers you’re looking for.

What Is Alimony?

Alimony is a court-ordered payment that is awarded to a former spouse after a divorce. It is awarded to provide financial protection and stability for the spouse who makes a lower income, or in some cases, no income at all. When deciding upon who will receive these payments and how much these payments will be, the court will look at the following factors:

  • Income and property of both parties
  • Custody agreements
  • The length of the marriage
  • Age and health of both spouses
  • If one spouse needs to care for family members other than children
  • The ability of a spouse to find potential work or income

How Cheating Affects Alimony

In some states, spouses that have committed adultery become ineligible to receive alimony at the discretion of the court, but in New York, this is typically not the case. Cheating in a marriage does not disqualify you from or entitle you to alimony. However, our Commack NY Family Lawyer warns that if the spouse who committed adultery spent a large number of marital assets on a lover, a judge may be more likely to have them pay alimony. These expenditures can include:

  • Gifts
  • Vacations
  • Hotel Rooms

The Importance Of Working With A Commack NY Family Lawyer

In New York State, adultery is considered grounds for filing a “fault divorce” and is defined as having a married person having sexual intercourse with someone who is not their spouse. Proving to the court that adultery has taken place may be difficult to do on your own, but that is where our Commack NY Family Lawyer can help. We’ll provide undeniable truth that cheating occurred so you’ll be able to file a “fault divorce” and receive the restitution you’re entitled to.

Contact Us

Going through a divorce can be a difficult process. However, when you choose to work with Simonetti & Associates, we can help make it a bit easy. If your spouse committed adultery, and are looking to take them to court, contact our Commack NY Family lawyer today.