The process of getting a divorce can be very heated and tense. When divorcing, alimony payments may become a contentious issue between the parties. Alimony is a sort of financial support sent from one ex-spouse to another after a divorce or legal separation. It is also known as spousal maintenance.
Alimony awards can be impacted by a number of factors, adultery being only one of them. A Jersey City domestic violence lawyer can help if you need it to deal with divorce, alimony, and adultery complications.
How Extramarital Affairs Affect Spousal Maintenance
- Divorce alimony may be significantly affected by whether or not either spouse had sexual relations with anybody other than their spouse throughout the marriage (“adultery”). There are a few ways in which adultery might affect alimony:
- Since New Jersey is a “no-fault” divorce state, couples are not obligated to prove fault on the other’s part (such as infidelity) in order to file for divorce. Even if infidelity was not the primary cause of the divorce, it nevertheless may affect spousal support and other terms of the divorce decree.
- When deciding alimony, a judge may take into account either party’s infidelity as a factor. This is not the sole consideration, but it is a major one when determining alimony.
- The law may consider the monetary cost of adultery. Alimony may be modified if, for instance, one spouse spends a substantial amount of the marital funds on an extramarital affair.
Conditions and Considerations
- Adultery and alimony are difficult subjects to understand unless you are familiar with the regulations. Several conditions and considerations must be met in order to take infidelity into account when determining alimony:
- In order to affect alimony payments, adultery needs to be demonstrated. Typically, to accomplish this, proof of the extramarital affair and its financial and marital ramifications must be shown. Owing to the intricacy of the situation, gathering this evidence requires legal counsel.
- The judge may reconsider the alimony judgment if adultery is shown. The court will consider the duration of the affair, the financial toll it caused on the marriage, and the various incomes of the persons involved.
- Adultery is only one of several factors taken into account when calculating alimony. The court considers the length of the marriage, each party’s financial circumstances, contributions to the household, and each party’s potential for income.
- The no-fault divorce laws in New Jersey mean that infidelity might not be the determining reason for alimony payments. After a divorce, the court must reach a decision that is financially equitable for both parties.
