When you and your spouse marry, you may be ecstatic to have found the person you intend to spend the rest of your life with. However, when you learn that they have been unfaithful to you, it can be devastating. If this represents your circumstances and you have filed for divorce as a result of their cheating, you may wonder whether or not this will impact your alimony award. The following blog explores what you must know about these matters and why working with a Somerset County alimony attorney is in your best interest during these difficult, emotional, and legal times.
How Is Alimony Determined in New Jersey?
There is a common misconception that the spouse who earns less will automatically be granted alimony, which is far from the truth. In reality, alimony must be requested, and the courts will consider a number of factors to determine if this is necessary. These factors include, but are by no means limited to, the following:
- The standard of living established during the marriage
- The age of each spouse
- The income of each spouse
- The 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
- Tax consequences
As mentioned, the court may take these factors and any other information they deem relevant into consideration when determining whether or not to award alimony, and if so, how much and for how long.
Does Cheating or Adultery Impact Alimony?
It’s important to understand that, in New Jersey, the state adheres to fault-based divorces. As such, if your spouse does cheat on you, you can file for divorce based on these grounds. However, if you choose to pursue a fault-based divorce rather than filing a no-fault divorce, you should note that this process generally will take longer. This is because you must provide the courts with evidence to support the claims that your spouse has cheated.
You should also understand that in many instances, filing on fault grounds in New Jersey may not impact the outcome of your divorce. However, it may impact the alimony you receive.
First and foremost, it’s critical to understand that the court will not use alimony as a means of punishing your spouse for cheating on you. Instead, the court will examine whether their fault in the marriage impacted you economically. As such, if you can prove that your spouse spent marital funds on their affair, such as vacations, gifts, or hotel stays, the courts may compensate you for their spending via alimony awards. You should note that this may also impact how marital assets are divided during your divorce, as the judge may provide you with more assets to compensate for your spouse’s spending.
If you have been cheated on by your spouse, it can be devastating. Unfortunately, navigating a divorce while processing these emotions can be incredibly difficult, which is why it’s in your best interest to connect with an experienced attorney for assistance. At the Siragusa Law Firm, our team understands the overwhelming emotions you may feel during this time, which is why we will do everything possible to help guide you through this process and fight for the outcome you deserve. Contact us today to learn more.
