How Infidelity Might Impact a Divorce Case

A recent hack into leading infidelity website, AshleyMadison.com, raised questions for many about the role of infidelity in a relationship. Through the site’s security breach, the personal information of more than 37 million users was obtained. With the hack making national headlines, it is causing spouses nationwide to address the impact that adultery can have on divorce proceedings.

In New York, adultery is considered grounds for divorce. While the state offers the option of a no-fault divorce, it is not uncommon for a spouse to want to include acts of infidelity as a reason for their filing.

Should an act of adultery take place in a marriage, the couple’s divorce may be impacted in the areas of child custody, division of property and alimony. When deciding which spouse has primary custody of your children, morality and appropriate behavior may be taken into consideration, especially if infidelity caused a spouse to deprioritize their children or exposed their children to an affair. A judge will look at a comprehensive picture of each parent’s abilities and influences to decide what custody situation is in the best interests of a child.

When a case involves division of property, infidelity may also come into play. If it is proven that one partner spent significant amounts on gifts, trips, hotel rooms and other items to support their affair, then a judge may be less inclined to provide an equitable distribution of assets to each spouse.

The same philosophy may apply to alimony payments, though it is not common for New York judges to increase alimony payments due to acts of infidelity. However, if it is demonstrated that one spouse spent a gratuitous portion of marital assets on an affair, a judge may require increased alimony payments be made to their spouse.  

If you would like more information on how acts of adultery may factor into your proceedings, consult the skilled Long Island divorce attorneys at Bryan L. Salamone & Associates, P.C.