Discovering your spouse has been unfaithful is one of the most devastating experiences a person can endure, and it’s completely understandable to expect the court to address this unfairness during divorce proceedings. However, New Jersey law often operates differently than many expect. Infidelity typically has no direct impact on asset division or alimony awards. Please continue reading to understand how adultery might influence a divorce settlement and how a skilled Somerset County Divorce Attorney can help protect your interests.
Does Fault Determine the Financial Outcome?
In New Jersey, the landmark case Mani v. Mani, 183 N.J. 70 (2005), established that marital fault, including adultery, doesn’t affect alimony determinations. The same goes for dividing marital property and child support. New Jersey courts keep it pretty simple: blame doesn’t change how the property is split or how support is paid.
Generally, people believe the person at fault should be responsible for providing support. However, the law doesn’t see it this way. Even if someone was clearly unfaithful, judges typically have to ignore that and review the facts, like how much everyone earns and how long the marriage lasted.
Are There Any Exceptions Where Fault Can Matter?
There are two specific, limited situations where fault can still play a role in alimony determinations:
- The Marital Misconduct Affected the Couple’s Economic Life: If a spouse used joint savings to pay for an affair (think fancy hotels or expensive gifts), that money can be factored into the final split.
- The Marital Misconduct Is Egregious: If the circumstances are so severe that it would be unfair to keep two people financially tied together, the court may intervene. Egregious behavior may include embezzlement or the intentional transmission of a sexually transmitted disease.
Can Adultery Still Serve as Grounds for Divorce?
While no-fault filings based on irreconcilable differences are more common, New Jersey law continues to recognize adultery as a valid fault-based ground for divorce. To file on these grounds, you must demonstrate that your spouse “rejected the marital relationship by engaging in a personal, intimate sexual relationship with another individual.” Keep in mind that adultery is the only legal ground that allows a spouse to bypass the state’s standard 12-month residency requirements before initiating the dissolution of the marriage.
How Does Adultery Impact Child Custody?
Adultery typically doesn’t affect custody decisions. New Jersey courts prioritize the best interests of a child above all else. An extramarital affair typically has no bearing on custody or visitation schedules unless it can be shown that the behavior directly jeopardizes the child’s safety or emotional health.
If your divorce involves adultery, please don’t hesitate to contact the Siragusa Law Firm today to schedule a consultation. Our legal team is prepared to help protect your rights and guide you through this complex process.