Discovering that your spouse had an affair is devastating, and if you are seeking a divorce as a result, it’s important to understand how this will affect your alimony award. Please continue reading as we explore how cheating can impact the outcome of your divorce and why working with our determined Monmouth County Divorce & Separation Attorneys is in your best interest during these tough times.
How is Alimony Determined in New Jersey?
Alimony, also known as spousal support, is designed to provide financial assistance to a dependent spouse. Essentially, it’s serves to minimize the financial discrepancy between divorcing parties and assist the dependent spouse in maintaining the lifestyle they were accustomed to during the marriage.
Contrary to popular belief, alimony is not automatically granted to the lower-earning spouse in the event of a divorce. Rather, alimony must be requested and the courts must examine several factors to determine if this type of financial support is necessary. The following include, but are by no means limited to, the factors that are taken into consideration when determining alimony:
- The duration of the marriage
- The age and health of each spouse
- The actual need and ability of the parties to pay
- The standard of living established during the marriage
- The income and earning capacity of each spouse
- The financial and domestic contributions of each spouse
- The current job market conditions
- Tax implications
- Any other factors the court deems relevant
Does Cheating Impact Alimony Decisions?
New Jersey courts recognize both no-fault and fault-based divorces. That said, if you have discovered that your spouse has cheated on you, it’s possible to file for divorce based on those grounds. However, if you choose to pursue a fault-based divorce, you should note that it will take longer as you’ll need to prove the specific grounds you cited. In a no-fault divorce, you simply need to prove that you have experienced irreconcilable differences for at least six months.
Although adultery is not the primary factor in determining alimony, it can bear significant weight if the court determines it has impacted the couple’s finances by utilizing marital assets to support the affair or if the infidelity has negatively affected the ability of the spouse seeking alimony to be self-supporting. If you can prove that your spouse misused shared assets to cheat, such as vacations or gifts, the court can compensate you for this misconduct through alimony. However, you should note that alimony is not intended to be punishment for a wrongdoing spouse.
Furthermore, cheating can also impact how the court distributes marital assets during your divorce. The judge may award a larger share of marital assets to compensate for an adulterous spouse’s spending.
In the unfortunate event that you have been cheated on, navigating this complex legal process while processing your emotions can be challenging. That’s why it’s wise to enlist the help of an experienced attorney from Paone Zaleski & Murphy, who can guide you through this process and fight for the best possible outcome.
