How Can Infidelity Impact My Divorce in New York?

Couple sitting on different ends of a couch on technology.

Getting divorced is never easy. But when adultery is involved, the process can be even more complicated—and emotionally charged. If you're going through a divorce in New York and suspect that your spouse could be unfaithful, you may be wondering what impact that will have on the outcome of your case. Read on to learn more about how adultery can affect your divorce.

Grounds for Divorce

In New York, grounds for divorce include both fault-based and no-fault grounds. Adultery is a fault-based ground for divorce, which means that if you can prove that your spouse committed adultery, you may be able to get a divorce on those grounds. However, it's important to note that for adultery to be a factor in your divorce, you must be able to prove that it actually occurred. This can be difficult, especially if your spouse is not cooperative.

Impacts on the Divorce Process

If you can prove that adultery occurred, it could have an impact on several aspects of your divorce, including:

Distribution of Property

In New York, courts typically follow the principle of equitable distribution when dividing marital property in a divorce. This means that property will be divided fairly between the spouses but not necessarily evenly. If one spouse wasted marital assets on an extramarital affair (for example, by spending money on gifts for a lover), the court may take that into consideration when making its decision about how to divide the couple's property.


In some cases, a spouse who has committed adultery may be required to pay alimony (also known as spousal support) to the other spouse. Whether or not alimony will be awarded and how much will be paid will depend on factors like each spouse's income and earning potential, as well as the length of the marriage.

Child Custody

In New York, courts consider several factors when making decisions about child custody and visitation, including each parent's ability to provide a stable home environment for the child. If one parent has engaged in an extramarital affair, that could impact custody decisions. However, it's important to note that courts will always prioritize what they believe is the child's best interest when making custody decisions.

Legal Guidance in New York City

If you're going through a divorce in New York and believe that your spouse has committed adultery, it's important to understand how that could potentially impact your case. If you encounter any specific questions about your case, don't hesitate to speak with an experienced divorce attorney at Eiges & Orgel, PLLC for guidance.

Do you think your spouse has committed adultery? Eiges & Orgel, PLLC is the is prepared to step in if you want to proceed with a divorce. Give us a call at (347) 848-1850 for a consultation.

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