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Will I Have to Pay Alimony If My Spouse Cheated in NJ?
Discovering a spouse’s infidelity can lead to a decision to end the marriage, as the betrayal can cause severe emotional distress and irreparable damage to trust within the relationship. If this reflects your circumstances, you may be wondering how adultery can impact the outcome of your divorce. If your spouse cheated, it can affect the court’s decision regarding alimony. Please continue reading as we explore how your adultery can affect alimony awards in New Jersey and how an experienced Ocean County Alimony Attorney can assist you during this difficult time.
Can I File for Divorce in New Jersey if My Spouse Cheated?
In New Jersey, to pursue a divorce, you need to satisfy the state’s residency requirements and cite a legally accepted reason or “ground” for the breakdown of your marriage. New Jersey allows for both fault and no-fault divorces. Among the fault-based grounds recognized in the state, you may file for divorce if the court finds that your spouse has engaged in an extramarital affair. If you file for divorce based on your spouse’s marital misconduct, you will need to provide evidence that supports your claims.
Can Adultery Affect Alimony Awards in New Jersey?
Alimony, also known as spousal support, isn’t automatic. In New Jersey, there has to be evidence that this type of financial support is warranted. The court’s goal in awarding alimony is to help dependent spouses meet their needs and become self-supporting. When you request alimony, the court will consider various factors to determine if this type of financial support is necessary. These factors include, but are by no means limited to the following:
- The duration of the marriage
- The age and health of each spouse
- The income and earning capacity of each spouse
- Whether one spouse sacrificed their career to support the other
- The contributions of each spouse (financial and domestic)
- Tax consequences
- Any child support obligations
- Marital misconduct
The court will consider these and other relevant factors in determining the award of alimony, including the amount and duration of payments. It’s important to understand that the court is prohibited from using alimony as a means of punishing your spouse for their marital misconduct. However, the court will assess whether their fault in the marriage impacted you economically.
If you can demonstrate that your spouse used marital assets to pay for lavish gifts or trips to be with their lover, the court may consider it a wasteful use of marital property, which could justify deviating from the standard maintenance guidelines. In such cases, the court can award a larger share to the spouse who was cheated on to compensate for the spouse’s wrongful spending.
At the Law Office of Sarina Gianna, LLC, we understand how devasting it can be to discover that your spouse has been cheating on you. Connect with our firm today so we can guide you through your options and zealously represent your interests.