Your Spouse Cheated: Can You Get More Alimony or Property in the Divorce?
The short answer is yes, there is a way. However, successfully using evidence of an affair to obtain a favorable property or alimony award is rare. Our firm has achieved many positive results in this area but certain factors must exist in order to influence a court’s decision.
New York judges are not allowed to make property division or alimony orders based on infidelity alone. The vast majority of divorce cases proceed without any consideration or compensation for the disrespectful, dishonest and technically illegal adulterous relationship. Most of our clients who have been wronged by a spouse want to tell their story but is not appropriate for the vast majority of cases. Evidence of infidelity by itself will not sway the court to deviate from the usual equitable distribution and support formulas.
However, adultery can affect alimony or property division in a divorce case if marital assets were used to support the cheating spouse’s affair. When one spouse spends a large amount of traceable income on a lover, it may be deemed marital waste and we can argue to have that amount included as an award to the other spouse. This can be done even if your ex spends marital assets on a person they started dating after divorce papers were filed.
Having an affair is rarely cheap. Whether the deception was brief or occurred over a prolonged period of time, your ex may have shelled out thousands of dollars on things like gifts, dinners, vacations, hotel rooms or even the lover’s living expenses or children. These can amount to thousands of dollars that would otherwise be included in your marital estate. If you have kids, the money your spouse squandered could have been used to provide for their needs or save for their future.
Our experienced divorce lawyers at Bryan L. Salamone & Associates, P.C. build strong cases in support of clients who are the victims of marital waste. We aggressively push for full financial disclosure from your ex so we can look for evidence of egregious spending. Our goal is to help you achieve the asset division settlement or award you are entitled to. To schedule your free initial consultation with a member of our qualified staff, call our Melville, New York office at 1.631.479.3839 or contact us online. We represent clients in Suffolk County and throughout Long Island.