How Infidelity Affects Divorce

Under New York law, infidelity among married couples has historically been treated as a criminal offense. Under NYPL 255.17, adultery is classified as a class B misdemeanor. However, prosecutions for adultery have become rare over time, and the conduct is more commonly considered in the context of divorce proceedings. If you suspect that your spouse has been unfaithful and are considering filing for divorce, it is important to consult with an experienced divorce lawyer at the Levitsky Law Firm to understand 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 New York City 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 New York City Divorce Attorney can help you build up a competent case and demonstrate the various ways your spouse has spent marital assets on their lover.

Alimony

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 New York City Divorce Attorney from the law office of Levitsky Law Firm for guidance on your case.