Does cheating affect alimony payments?
Alimony, also known as spousal support, involves payments from one spouse to another after a divorce to provide financial stability. In New York, the purpose of alimony is to help the lower-earning spouse maintain a similar lifestyle to that enjoyed during the marriage. The calculation and awarding of alimony can depend on many factors, and it is important for anyone going through a divorce to understand how it works.
The impact of cheating on alimony
In New York, cheating by itself does not usually impact the decision to award alimony. New York follows a “no-fault” divorce system, which means that you can file for divorce without blaming the other party for the breakdown of the marriage. Because of this system, the reasons for the divorce, including infidelity, generally do not influence alimony decisions directly.
However, there are some indirect ways that cheating could potentially influence alimony. For instance, if the cheating spouse spent a large amount of the couple’s money on the affair, such as buying expensive gifts or paying for trips and hotels, the courts might consider this financial misconduct when deciding alimony. The court might adjust the alimony amount if it finds that these actions significantly affected the couple’s finances.
Factors considered in alimony decisions
When deciding on alimony, New York courts look at several key factors:
- Length of the marriage: Longer marriages often lead to longer alimony periods.
- Age and health of both spouses: This affects each person’s ability to earn money in the future.
- Current and future earning capacity: This includes each spouse’s education, job skills, and employment opportunities.
- Living standards during the marriage: Attempts are made to allow both individuals to maintain a similar lifestyle.
Furthermore, caring for children can affect a person’s earning potential and need for support.
Understanding the wide range of factors that influence alimony can help individuals better anticipate the outcomes of their divorce proceedings.