What Is Spousal Support
Spousal support is money one spouse pays the other after a marriage ends. The goal is to make sure both people can live somewhat fairly after they split, especially if one person made more money or if one stayed home to care for the house or kids. In New York, this is sometimes called maintenance. There are two kinds. One is temporary and happens during the divorce process. The other is longer-term and may last months or even years after the divorce is final.How the Court Usually Decides Support
Judges don’t just pick a number out of thin air. They use a list of things written in the law to help make a fair choice. This includes how long the marriage lasted, how much money each person makes, what each person owns, their age and health, and what each gave up or contributed to the marriage. The court wants to make sure neither person ends up struggling if it can be avoided.What Is Marital Misconduct
Marital misconduct is a fancy way of saying someone did something wrong during the marriage. It could be things like cheating, being abusive, wasting money on purpose, or hiding money from the other spouse. Some people think this kind of behavior should always be punished in court. But it’s not that simple in New York.
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Does Cheating Affect Support in New York
In short, not usually. New York is what’s called a “no-fault” divorce state. That means you don’t have to prove someone did something wrong to get a divorce. And when it comes to support, judges mostly look at money facts, not personal behavior. Just because your spouse had an affair doesn’t mean you’ll automatically get more money—or pay more.When Misconduct Might Matter
That said, there are times when bad behavior can change things. For example, if one person spent thousands of dollars on gifts or vacations for someone they were cheating with, a judge may count that as “wasting marital assets.” That means money that should have helped both people is gone, and it might get factored in. Or if someone was violent or abusive and it affected the other person’s health or ability to work, the court might consider that too. It’s rare, but it can happen.Proving Misconduct Isn’t Easy
If you want the court to consider misconduct, you’ll need proof. That might be bank records, photos, messages, or something else that clearly shows what happened. And even with proof, the court still has to decide if the bad behavior is serious enough to affect the money decision. Most of the time, it doesn’t.Related Videos
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