Divorce is a deeply personal and often painful process, and when infidelity is involved, the emotional and legal complexities can become even more pronounced. In New York, the legal system takes a structured approach to divorce, and while infidelity is often a significant factor in the breakdown of a marriage, its impact on the divorce proceedings is nuanced. Understanding how infidelity affects divorce in New York requires a close examination of the state’s divorce laws, the role of marital fault, and the implications for issues such as property division, spousal support, and child custody.
Richard H. Cole
Partner
Thomas F. Hewner
Partner
Donna L. Haslinger
Partner
Vivian P. Roche'
Partner
Keith R. Rosso
Attorney
Tasha D. Frazie
Attorney
Grounds for Divorce in New York
New York is a state that recognizes both no-fault and fault-based grounds for divorce. In a no-fault divorce, the parties do not need to prove wrongdoing by either spouse to dissolve the marriage. Instead, they must simply demonstrate that the marriage has been irretrievably broken for at least six months. This is often the preferred route for couples seeking a less contentious divorce process.
However, infidelity falls under the category of fault-based divorce. In a fault-based divorce, one spouse must prove that the other spouse’s actions, such as adultery, led to the breakdown of the marriage. Adultery is defined as a married person voluntarily engaging in sexual relations with someone other than their spouse. In New York, proving adultery can be challenging, as the burden of proof is high. The accusing spouse must provide clear and convincing evidence that the infidelity occurred, which may involve presenting witness testimony, private investigator reports, or other substantial evidence.
While infidelity can be cited as a ground for divorce, it is important to understand that choosing to pursue a fault-based divorce does not necessarily provide an advantage in the legal proceedings. The court’s primary focus is on resolving the divorce in a manner that is fair and just, regardless of the reason for the marriage’s breakdown. Nonetheless, there are certain aspects of the divorce process where infidelity may have a tangible impact.
Property Division and Infidelity
One of the key issues in any divorce is the division of marital property. New York follows the principle of equitable distribution, which means that marital assets and debts are divided fairly, though not necessarily equally, between the spouses. In determining what is fair, the court considers a variety of factors, including the duration of the marriage, the income and property of each spouse at the time of the marriage and at the time of the divorce, the age and health of the spouses, and the contributions of each spouse to the marriage, both economic and non-economic.
Infidelity, by itself, does not typically affect the division of property. New York courts generally do not consider marital fault when dividing assets unless the infidelity had a direct financial impact on the marital estate. For example, if one spouse used marital funds to support an extramarital affair, such as spending money on gifts, travel, or accommodations for the other person, the court may take this into account when dividing the assets. In such cases, the wronged spouse may receive a larger share of the marital property to compensate for the dissipation of assets.
However, proving that marital funds were used in this way can be difficult and may require extensive financial documentation and evidence. The court will examine the specific circumstances of each case to determine whether the infidelity had a significant financial impact that justifies an unequal distribution of property.
Spousal Support and the Impact of Infidelity
Spousal support, also known as alimony, is another area where infidelity can have an impact, though its effect is generally limited. In New York, spousal support is awarded based on the needs of the receiving spouse and the ability of the paying spouse to provide support. The court considers factors such as the length of the marriage, the standard of living established during the marriage, the income and property of each spouse, and the age and health of the spouses.
While marital fault, including infidelity, is not a primary consideration in determining spousal support, it can be taken into account in certain circumstances. For instance, if the infidelity caused significant emotional distress or financial harm to the wronged spouse, the court may consider this when deciding the amount and duration of spousal support. However, these cases are relatively rare, and the court’s main focus remains on ensuring that the financial needs of the spouses are met in a fair and equitable manner.
It is important to note that the receiving spouse’s own infidelity does not automatically disqualify them from receiving spousal support. The court will assess spousal support based on the financial circumstances of the parties rather than the reasons for the divorce. Thus, while infidelity may be a factor in the overall context of the divorce, it does not typically play a decisive role in spousal support decisions.
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Child Custody and Infidelity’s Influence
Child custody is one of the most sensitive and contentious issues in a divorce, especially when infidelity is involved. In New York, the court’s primary concern in custody matters is the best interests of the child. The court considers various factors, including the child’s relationship with each parent, the parents’ ability to provide a stable and nurturing environment, and the child’s health and safety.
Infidelity, by itself, does not generally affect child custody decisions. The court focuses on the parenting abilities of each spouse rather than their behavior during the marriage. However, if the infidelity had a direct and negative impact on the child or the parent’s ability to care for the child, it could be a factor in the custody determination. For example, if a parent’s affair disrupted the child’s life or exposed them to harmful situations, the court might consider this when deciding custody arrangements.
Additionally, if the affair involved neglect of parental responsibilities, such as leaving the child unattended or failing to meet their needs while pursuing the extramarital relationship, the court may take this into account. In such cases, the court may award custody to the other parent if it determines that the unfaithful parent is not acting in the best interests of the child.
It is crucial for parents going through a divorce to focus on their children’s well-being and maintain a cooperative relationship with the other parent, regardless of the circumstances that led to the divorce. Demonstrating a commitment to the child’s welfare and a willingness to work together with the other parent can have a positive impact on the court’s custody decision.
Emotional Impact and Mediation
The emotional toll of infidelity on a marriage cannot be understated. Betrayal, hurt, and anger are common emotions experienced by the wronged spouse, and these feelings can complicate the divorce process. In some cases, the intense emotions surrounding infidelity can make it difficult for the spouses to communicate and negotiate effectively, leading to a more contentious and protracted divorce.
Mediation can be a valuable tool for couples dealing with the fallout of infidelity. In mediation, a neutral third party helps the spouses communicate and work toward mutually acceptable agreements on issues such as property division, spousal support, and child custody. Mediation allows the spouses to have more control over the outcome of their divorce and can often lead to a quicker and less adversarial resolution.
For couples where infidelity has caused significant emotional damage, mediation can provide a structured environment for discussing the issues in a more constructive manner. The mediator can help the spouses focus on the practical aspects of the divorce and encourage them to set aside their emotions for the sake of reaching a fair settlement. While mediation may not be suitable for every couple, it can be particularly beneficial in cases where both spouses are willing to work together despite the challenges posed by infidelity.
Legal Representation and Navigating Divorce After Infidelity
Given the complexities of divorce, especially when infidelity is involved, it is essential to have knowledgeable and compassionate legal representation. An experienced attorney can help you navigate the legal process, protect your rights, and advocate for your interests. In cases of infidelity, a skilled attorney can assist in gathering evidence, presenting your case to the court, and negotiating a fair settlement that takes into account the unique circumstances of your situation.
Divorce is a challenging process, and the added strain of infidelity can make it even more difficult. However, with the right legal support, you can move forward with confidence and work toward a resolution that allows you to rebuild your life.
At Cole, Sorrentino, Hurley, Hewner & Gambino, P.C., we understand the emotional and legal challenges that come with divorce, particularly when infidelity is involved. Our experienced attorneys are here to provide you with the guidance and support you need during this difficult time. We are committed to helping you achieve the best possible outcome in your divorce proceedings, so you can move forward with your life. Contact us today to schedule a consultation and learn more about how we can assist you in your divorce case.