Discovering your spouse’s infidelity can be heartbreaking. If you have decided to file for divorce because your spouse cheated, you might be wondering whether this will affect your alimony award. Please continue reading as we explore how adultery can impact alimony awards in New Jersey and how our determined Edison Alimony Lawyers can guide you through every step of this complex process.
How is Alimony Determined?
It’s a common misconception that the lower-earning spouse will automatically receive alimony. There has to be evidence that it is warranted. The court’s primary goal in awarding this financial support is to help a dependent spouse maintain a similar lifestyle to which they were accustomed during the marriage. The court will consider numerous factors to determine if this is necessary and whether a higher-earning spouse can afford to pay it. These factors include, but are not limited to, the following:
- The age and health of each spouse
- The duration of the marriage
- The income and earning capacity of each spouse
- If one spouse sacrificed their career to support the other
- The financial and domestic contributions of each spouse
- The current job market
- The standard of living
- Marital misconduct
- Awards of child support
- Any tax consequences
If My Spouse Cheated, Will It Affect My Alimony Award?
If adultery is an issue in your divorce, a judge has the discretion to decrease or increase the award. New Jersey allows for both no-fault and fault divorces. As such, if your spouse has been unfaithful, you can file for divorce based on these grounds. However, you’ll need to provide substantial evidence to support the claim that your house’s marital misconduct is responsible for the breakdown of your marriage.
It’s important to understand that alimony is not intended to punish a spouse for any wrongdoings during the union. However, the court will examine if a spouse’s misconduct has impacted you economically. If you can demonstrate that your spouse used marital funds to engage in an extramarital affair, such as vacation stays or gifts, the court can compensate you for their spending through your alimony award. Keep in mind that adultery can also impact how marital assets are distributed during your divorce, as the judge may award a larger share of assets to you to compensate for your spouse’s spending.
At Arndt & Sutak, LLC, we understand how devastating it can be to learn that your spouse has cheated on you. If you are considering divorce as a result of their infidelity, it’s advisable to seek guidance from an experienced attorney, as the legal process can be complex and overwhelming during this difficult time. Connect with our dedicated firm today to discuss your options.
