Suspecting infidelity in a marriage is an extremely difficult burden on a spouse. But, it is even worse once the unfaithfulness has been proven and the money you had saved together paid for their affair. If you suspect cheating and are considering a divorce, here’s what you need to know about the effect cheating will have on a divorce judgment.
In the state of New York, as with most other states, divorces are only granted should there be reasonable grounds for the marriage to be dissolved. In many instances, divorces may be no-fault, meaning, the desire to separate is mutual and no blame is placed on either party. In other instances, divorces may not be amicable. These are known as “at-fault” divorces.
While there may be many reasons why a married couple would seek a divorce, they must essentially be valid in the eyes of the court. For a divorce to be acceptable under state law, the party seeking the end of the marriage must be able to prove that there has been an irretrievable breakdown of the union. One of the biggest causes of divorce is adultery and cheating. When a partner is unfaithful, a New York family law court will accept this as valid grounds for a divorce.
What Effect Does Cheating Have on Divorce Judgments?
When determining issues such as spousal support, the court will take an objective view of the situation and only look at concrete information related to the financial condition of both of the parties involved. It will not, however, take into consideration the subjective view of each’s behavior, which may have led to the divorce. Cheating won’t affect the determination of alimony. The only time behavior is considered is in cases of domestic violence. This circumstance can change the amount or total eligibility of alimony altogether.
While the family court may not place importance on the issue of whether a spouse cheated or not, it does require both parties to uphold their fiduciary duties to each other. In other words, if your spouse was spending large quantities of shared money to fund their affairs, you may be able to seek reimbursement should you be able to prove that the money was not spent for the benefit of both parties.
If you believe your spouse was cheating on you, you should carefully review all of your banking and retirement accounts to see if your spouse has been making any unusual purchases or unexplained large transfers of money.
Contact an Experienced and Determined New York Divorce Attorney
While filing for divorce can be a difficult decision to make, choosing the right attorney doesn’t have to be. Brian D. Perskin & Associates P.C. is one of the most trusted names in New York when it comes to divorce litigation. Brian and his experienced team are aggressive, intelligent, strategic and most importantly, compassionate. They work diligently with clients and customize representation strategies to fit their individual needs. So if you’re looking for a divorce attorney who will fight for you, call Brian D. Perskin & Associates P.C. today at (888)793-1484 for your free consultation and learn why we’re New York’s premier divorce law firm.