How Infidelity Affects Divorce

Oct 14, 2020

Under Brighton Beach laws, infidelity among married couples is regarded as a crime. Under NYPL 255.17, infidelity is considered a class B misdemeanor. Sometimes until 1967, infidelity was the only acknowledged ground for divorce, and the offender could be arrested and even jailed. Overtime cases where someone has been prosecuted and jailed for engaging in infidelity have become rare, but infidelity remains a significant ground for divorce. If you suspect that your spouse is unfaithful and subsequently want to file for divorce, it is crucial to first consult with a Brighton beach divorce lawyer from the law office of Levitsky Law Firm to establish your legal options.

Infidelity can affect the outcome of a divorce, like asset distribution, alimony, child custody, and visitation rights. With the help of our Brighton Beach family lawyer, you will be able to realize the effect infidelity has on the final decision of your divorce matter.

Here is how infidelity affects the outcome of a divorce:

Asset distribution

In a divorce matter, the principle applied by most courts is the equitable distribution of assets. If a spouse can prove that their estranged spouse used marital assets to cater to the new lover’s gifts, then the court can award more marital assets to the offended spouse. A good Brighton Beach Divorce Attorney can help you build up a competent case and demonstrate the various ways your spouse has spent marital assets on their lover.


Infidelity does not warrant a denial of alimony. However, where the court finds a spouse to have used marital assets on their lover, such facts can reduce alimony.

Child custody and visitation rights

When spouses fight, it is the children that suffer the most. In situations where either spouse’s infidelity has harmed the children of the marriage, the court can factor in such effects and subsequently decide on child custody and visitation rights based on the impact.

If you are looking to file for divorce on the grounds of infidelity, get in touch with our Brighton Beach Divorce Attorney from the law office of Levitsky Law Firm for guidance on your case.