What Effect Does Infidelity Have on Divorce?

If you are going through a divorce because of adultery, you might be wondering what effect your spouse’s infidelity can have on your divorce. New York is one of a few states that still uses fault-based grounds that can affect a case in various ways, with one of those grounds being adultery.

The following are a few tips to keep in mind:

• Custody: Adultery will not have any effect on child custody. The bigger issue during custody hearings is the quality of parent each spouse is. Courts want both parents to be as involved in children’s lives as possible, and while there are some character issues that can reflect poorly on a person and potentially affect custody (such as substance abuse or criminal history), adultery is not one of those issues.
• Property settlement and alimony: While there are some parts of your divorce settlement that will not be greatly affected by adultery, your property division and alimony very well could be. The presence of adultery on the part of your spouse gives you a bit more leverage to continue living at the lifestyle to which you’ve become accustomed, so there’s a chance you could, for example, get more alimony in a situation in which you’ve been cheated on.
• Affair-related expenses: If a spouse who committed adultery spent a significant amount of money on the affair, the spouse who was betrayed may be able to get compensated for those losses as part of the divorce settlement.

You may be required to provide proof of adultery before the court considers it for grounds for divorce. This proof could come from eyewitness testimony, bank account expenditures, photos, communications or anything else establishing the romantic relationship.

For more information regarding the effect infidelity can have on your divorce, meet with a skilled Long Island attorney at Bryan L. Salamone & Associates.