Family Law Spousal Support

My Spouse Committed Adultery… Do I Pay Spousal Support?

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The truth about adultery and it’s effect on a divorce case…

With the advent of ‘no-fault’, seeking a divorce based upon adultery is less and less common.

Infidelity usually has no impact on child support or custody. The only time a spouse’s affair will effect the ‘children issues’ in divorce is when the affair itself directly effect the kids.

That rarely happens.

Unless your spouse dragged your child into a brothel, your spouse’s infidelity probably didn’t directly harm your kids.

Adultery rarely effects the division of property in divorce. The fact that one spouse cheated does not normally mean that the other spouse gets a bigger piece of the marital pot. There is, however, one exception to this rule: dissipation.

Dissipation means that one spouse spent marital money for a non-marital purpose. For example, on his/her affair partner.

While it’s totally reasonable to want to recover this money, proving dissipation can be a long process and expensive.  It often requires you to spend days searching through credit card bills. Sometimes, your efforts may pay off and you find a $10,000 trip to somewhere exotic.

But more often than not you’ll find a few restaurant bills and maybe some receipts for some flowers. When that’s all you’ve got, the price you pay in attorney’s and accountant’s fees is usually way more than the dissipation you found.

It may be the case that your spouse has been living a double life for years, in this situation the dissipation in your divorce can be quite significant. It’s the same if your spouse started living with his/her affair partner long ago. In those kinds of cases, proving dissipation can be well worth the effort.

New York State Maintenance & Child Support Calculator

New York State has a unique and complicated formula called the “Maintenance Guidelines Law” which serves as an “official judicial guide” which must be utilized in connection the calculation of both temporary and final child support and spousal support.

All of this that I’ve just shared with you can be extremely intimidating and overwhelming which is why we offer a FREE Phone Consultation to ask questions and get clear on the things that will have the biggest impact in your case and situation.

The first step is to call (631) 543-3700 or fill in the form below this post and one of our senior partners will contact you as soon as they are available.

About the author

Attorney Paul McMahon

We combine a lengthy track record of trial successes with close, personal client service to clients throughout Long Island.

We limit the cases we take so we have the time we need to get to know our clients and what their goals are.