As New York Passes Bill Decriminalizing Adultery, How Does Cheating Affect a Divorce Case?

While cheating on one’s spouse is might not be ideal behavior, it is no longer a criminal offense in New York State. Though the law barring adultery was on the books here for more than a century, prosecutors haven’t brought more than a handful of these charges over the past several decades. However, if you’re going through a divorce, you might wonder what type of effect marital infidelity might have if your case goes before a judge.

Even though adultery has been decriminalized, it remains a valid ground for marriage dissolution under state law, though most spouses now for a no-fault divorce. For a spouse to file for divorce on the grounds of adultery, they must prove that their partner engaged in an extramarital affair. This often requires presenting clear evidence of infidelity, which can include eyewitness testimony, private investigator reports or communications between the unfaithful spouse and the third party involved. Proving adultery can be challenging, as New York courts require corroborative evidence from someone other than the spouse making the allegation. This can make the process time-consuming and expensive.

When it comes to setting forth parenting and financial terms for a divorce, a spouse’s affair does not necessarily make a difference. It’s important to remember that the marriage dissolution process is not intended to punish either party for marital misconduct. Custody and visitation decisions are made based on what the judge believes to be in the children’s best interests. Child support and spousal maintenance (alimony) are usually calculated in accordance with state guidelines that incorporate financial information for each side. To divide property, New York employs an equitable distribution standard where the court determines what is fair. Numerous factors are provided to help make this evaluation, but infidelity is not one of them. 

There can be instances when actions associated with adulterous relationships could alter the outcome of a divorce. For example, a husband or wife who neglects their child because they’re spending time with someone else might see that reflected in their custody and visitation arrangements. Likewise, spending martial funds on a boyfriend or girlfriend could lead to an adverse decision on property division or alimony. 

Whether adultery is a factor in your divorce or not, it’s important to have an experienced New York lawyer on your side to provide honest, knowledgeable advice and to pursue a favorable legal result. Goldberg Sager & Associates advocates for divorcing spouses throughout Brooklyn, Queens, Manhattan, The Bronx and Staten Island, as well as Westchester, Nassau and Suffolk counties. Please call [ln::phone] or contact us online to schedule a free consultation.