The Effect Of Adultery On A Divorce In New York State

Many times we get calls from clients who have just learned that their spouse has been cheating on them, and they are devastated. We recognize and appreciate the devastation that they are experiencing during this time. However, the fact that your spouse has had an extramarital affair is not something that the courts are interested in listening to. While an extramarital affair is certainly a basis for a divorce, the courts don’t want to hear the details of the affair.

It is also important for a person in this situation to know that the fact that their spouse committed adultery against them will not assist during the equitable distribution or the division of assets process. The claim of adultery will also not assist you in terms of achieving any custody of the children you and your spouse may have together.

However, it does bring about another aspect that can be considered during the divorce proceedings. It does raise another aspect in terms of the finances of the case. For example, if the cheating spouse has spent marital savings or martial income on this third party during the course of the affair, once we look at all the details and the information, we can try to recoup one-half of what that person spent on the third party to bring it back to our client.

If you have a family law matter such as this, please contact us and come in for a consultation.

If you are in need of legal counsel, please contact The Penichet Firm and we will be happy to assist you in your family and criminal law matters.