Infidelity can have a profound impact on many aspects of a person’s life, including their emotional well-being, trust in relationships, and even their financial situation. When it comes to divorce, infidelity can also play a role in the division of assets, known as equitable distribution. In the state of New York, the impact of infidelity on equitable distribution is a topic of great importance. Understanding how infidelity can affect the division of property and other assets is crucial for individuals going through a divorce in New York. In this article, we will explore the requirements and considerations related to infidelity and equitable distribution in New York.
Equitable Distribution in New York:
New York follows the principle of equitable distribution when dividing marital property during a divorce. Equitable distribution does not necessarily mean an equal 50-50 split of assets but rather a fair and just division based on various factors. These factors include the duration of the marriage, each spouse’s financial and non-financial contributions, the income and property of each spouse, and any other relevant factors deemed necessary by the court.
Impact of Infidelity on Equitable Distribution:
While New York is a no-fault divorce state, meaning that neither party needs to prove fault or wrongdoing to obtain a divorce, infidelity can still have implications on equitable distribution. In general, the courts in New York do not consider marital misconduct when dividing property. However, there are some exceptions to this rule, and infidelity can influence the outcome in certain situations.
Dissipation of Marital Assets:
One way in which infidelity can impact equitable distribution is if one spouse has dissipated, or wasted, marital assets on an extramarital affair. The dissipation of assets refers to the intentional or reckless wasting of marital funds on non-marital purposes. If it can be proven that one spouse has spent a significant amount of money on an affair, the court may consider this when dividing property. The innocent spouse may be entitled to a greater share of the remaining assets to compensate for the dissipated funds.
Custodial Parent’s Behavior:
Another instance where infidelity can have an impact is when it directly affects the well-being of the children involved. If the court finds that a parent’s extramarital affairs have negatively affected their ability to care for the children or have created an unhealthy environment, it may influence decisions related to custody and visitation rights. While this does not directly affect equitable distribution, it can indirectly impact the overall outcome of the divorce proceedings.
Alimony and Spousal Support:
Infidelity can also come into play when determining alimony or spousal support. In New York, the court considers various factors when deciding whether to award spousal support and the amount to be awarded. While infidelity itself is not a specific factor, it can be relevant if it has impacted the financial situation of one spouse. For example, if a spouse gave financial support to their extramarital partner, resulting in a significant depletion of marital funds, the court may take this into account when awarding spousal support.
Proving Infidelity:
Proving infidelity can be a challenging task, as New York does not require fault-based grounds for divorce. However, if infidelity has a direct impact on the equitable distribution of assets, it may be necessary to provide evidence. This evidence can include photographs, videos, text messages, emails, or witness testimonies that demonstrate the existence of an extramarital affair and its financial consequences.
If you are going through a divorce in New York and believe that infidelity has had a significant impact on the equitable distribution of assets, it is crucial to seek legal counsel from an experienced family law attorney. Jean M. Mahserjian, Esq., P.C is here to help you navigate the complexities of divorce and ensure that your rights and interests are protected. Our dedicated team of attorneys has extensive experience in family law matters, including equitable distribution cases involving infidelity. Contact us today to schedule a consultation and find out how we can assist you during this challenging time.
While infidelity itself may not be a determining factor in the equitable distribution of assets in New York, there are situations where it can have an impact. Understanding the requirements and considerations related to infidelity and equitable distribution is essential for individuals going through a divorce in New York. By consulting with a knowledgeable family law attorney, you can better understand your rights and options, ensuring a fair and just resolution to your divorce proceedings.
Remember, Jean M. Mahserjian, Esq., P.C is here to provide you with the legal support and guidance you need. Contact us today to schedule a consultation and let us help you through this challenging time. Our experienced team is ready to assist you with your divorce and ensure that your interests are protected throughout the process. Don’t hesitate to reach out to us for professional and compassionate legal representation.
