Will Cheating Impact Alimony Payments in New Jersey?

When you and your spouse are standing at the altar, you may be eager to say “I do.” However, when you discover that your spouse has cheated on you, it can be devastating. If you choose to pursue a divorce, you may wonder how your spouse’s infidelity will impact the outcome of your divorce. One area many question is whether or not cheating will impact their spousal support payments. The following blog explores what you should know about these matters and why it’s imperative to work with New Jersey alimony attorneys to guide you through this emotional and difficult process.

How Is Alimony Determined in NJ?

You should note that alimony is not automatically awarded to the lower-earning party. Instead, you’ll find that alimony must be requested, and even then, it is not automatically awarded to the requesting party. The judge assigned to the case must examine a number of factors first before determining if spousal support is necessary. These factors include, but aren’t limited to, the following:

• The age and health of each spouse
• The income of each spouse
• The length of the marriage
• Who the primary caretaker of the children is
• If one spouse sacrificed their career to support the other or become a stay-at-home parent
• If the spouse who sacrificed their career requires education to reenter the workforce
• The current state of the job market
• The tax consequences, if any, to the paying and receiving spouse

Does Cheating Affect Alimony?

First and foremost, it’s important to understand that New Jersey accepts both no-fault and at-fault divorces. With a no-fault divorce, there is no need to prove wrongdoing by either spouse. This is often a simpler and quicker divorce. If you choose to pursue a fault-based divorce, you’ll need to show that your spouse has done wrong. As such, you should note that in New Jersey, pursuing a fault-based divorce does not often change the outcome of a divorce.

As such, if you pursue an at-fault divorce, it’s important to understand that alimony is not a punishment for your spouse. If your spouse has been unfaithful, the alimony payment you receive will not be a means to punish your spouse for their wrongdoing. Instead, the only time this can impact the alimony you receive from your spouse is if they used marital funds to pay for their infidelity. For example, if your spouse took money from a joint bank account to pay for hotel rooms and dinners with the other person, you’ll find that it can impact the outcome of your alimony, as the judge may award you a higher payment as compensation for the money they wasted.

When you are involved in a divorce because your spouse has cheated on you, it’s imperative to connect with an experienced attorney as soon as possible. At Haber Silver Russoniello & Dunn, our legal team understands how difficult these matters can be to navigate. It’s no secret that a divorce caused by cheating can be incredibly emotional. As such, it’s in your best interest to connect with our experienced team. We can assist you through these difficult matters to help guide you through these matters to fight for the best possible outcome.