Infidelity is a common reason why marriages end, but its impact on divorce proceedings can vary. In New York, the courts follow specific guidelines when deciding if infidelity affects the outcome of a divorce.
Understanding how infidelity plays a role can help spouses navigate the divorce process.
Grounds for divorce in New York
New York is a no-fault divorce state, meaning that couples do not need to prove wrongdoing, such as adultery, to file for divorce. Instead, they can cite an irretrievable breakdown of the marriage for at least six months. However, infidelity can still be a fault-based ground if one spouse chooses to pursue that route. Proving adultery can be challenging and often requires evidence, such as witness testimonies or documented proof.
Impact on property division
Infidelity usually does not affect the division of marital property in New York. The state follows equitable distribution laws, which means that assets are divided fairly, though not always equally. The court typically considers factors like the length of the marriage and each spouse’s financial situation rather than marital misconduct. This means that, in most cases, adultery will not lead to a larger or smaller share of marital assets for either spouse.
Effect on spousal support
While infidelity may not impact property division, it can sometimes influence decisions about spousal support, also known as alimony. If the unfaithful spouse’s actions led to a significant financial burden on the other spouse, the court may consider this when determining alimony. However, this is not guaranteed, and each case is evaluated individually based on the specific circumstances. Consulting with a divorce attorney can provide valuable guidance during this difficult time.
Moving forward with a New York divorce
Although infidelity can be emotionally devastating, it typically has a limited effect on the legal aspects of a divorce in New York. Understanding how state laws handle adultery can help spouses focus on the important elements of their case.
