When you and your spouse say I do, you may be ecstatic to spend the rest of your life with your partner. However, if you discover that they have cheated, it can be devastating. If you make the decision to leave, you may wonder if this is grounds for them to automatically pay alimony. It’s important to understand how spousal support is determined and whether or not cheating will impact the outcome of your alimony decision. The following blog explores these matters in further detail and the importance of working with a Long Island alimony lawyer to guide you through this devastating time.
Will Cheating Impact Alimony Payments?
First and foremost, it’s important to understand that New York accepts fault grounds for divorce. This means that you can file on either fault or no-fault grounds. If you choose to file on fault grounds because your spouse cheated on you, it’s important to understand that this is often a more contentious, elongated, and costly process.
One common misconception surrounding filing for divorce on fault grounds is that the spouse who is found at fault will be held liable and punished. It’s important to understand that just because your spouse cheated, they will not automatically be held liable for alimony. However, there are some circumstances in which your spouse could be required to pay alimony after cheating. For example, if your spouse uses marital assets to pay for their affair, the judge can require them to pay alimony as a means of compensating you.
How Is Alimony Determined?
There is a common belief that during a divorce, the lower-earning spouse will automatically receive alimony from their spouse. However, this is far from the truth. In reality, alimony must be requested, and the judge assigned to will examine a number of factors that will determine whether or not alimony is necessary, and if so, the duration of the process. If you are requesting alimony, the judge will take the following factors into consideration:
- The age and health of each spouse
- The standard of living established during the marriage
- The length of the marriage
- The financial and domestic contributions of each party
- Whether or not one party sacrificed their career to support the other
- The tax consequences, if any, of alimony
- The distribution of marital assets
- The current state of the job market
- How many children you share, if any
Fighting for the alimony you deserve is critical. This matter is one of the most contentious matters, as the paying spouse may feel they are paying too much, and the recipient spouse may feel as though it’s not enough. As such, working with an experienced attorney is one of the most important steps you can take. Working with an attorney can help ensure that you calculate your current living expenses to ensure you can fight for the best possible outcome.
At Barrows Levy, PLLC, we understand how difficult these matters can be. That’s why our dedicated team of attorneys will doe everything possible to assist you through these difficult times. When you need help, our team is here. Contact us today to learn how we can help you through these emotional times so you can focus on starting the next chapter of your life.
