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Does Infidelity Affect How Much Alimony You Will Receive?

Does Infidelity Affect How Much Alimony You Will Receive?

Interviewer: What common expectations do people walk in with; that you have to tell them are either real or not real?

Tanya: Well, a lot of times, people have divorces due to infidelity. People think that infidelity is going to get a benefit in the divorce as a punishment. They think if the other person cheated on them, they can go in front of the judge and prove to the judge that her husband or my wife cheated. Therefore, he is the cause of the divorce. Therefore, she should win the divorce and get more money or a custody advantage. It does not work like that at all. New York and New Jersey have no fault divorce.

The reason why you get a divorce has absolutely nothing to do with how much money you do or do not get. So if one person cheated and that is why you are getting divorced, you will not get more or less money or custody because of that.

Infidelity can play a part in how much money you do or do not get if there is either a financial gain or dissipation of marital assets resulting from the infidelity. If the recipient spouse is living with somebody and is financially benefiting from living with that person, it can affect alimony. If a spouse is supporting a paramour or has used marital funds on this person, it can be a factor in recouping the money spent.

Suppose the parties are getting divorced. Say the husband made $200,000 a year and the wife did not work. The spouse earning $200,000 would normally pay the wife alimony.

However, the wife is living in a marriage-like relationship with her paramour, either during the duration of the divorce or after the divorce, and that person is contributing directly to her benefit, he or she is paying bills for her or essentially living off of the husband’s money, then the alimony would be reduced or eliminated.

This is because the need is not there. That is the only time that the cheating equates or correlates to money. It is just when the spouse is financially benefiting from the paramour. The payer no longer has to make those payments because the person does not need it anymore. But the actual act of cheating does not get you any benefits in family court or harm the cheating spouse.

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Testimonials
  • "Without Tanya and her time, the really unpleasant experience of getting divorced would have been even worse. They were able to settle the matter very quickly and helped me fit this into my tight schedule allowing me to leave to move abroad for my dissertation research on time without having to delay the trip because of the divorce. They also did all of it within my very tight budget. Thank you so much for your help and dedication to my legal matter!"  - AG

  • "Tanya and her Associates are outstanding! What I admire most about Tanya is her knowledge of the law with her keen negotiation skills to foster mediation. Her strategies efficiently resolve conflict leading to the resolution of cases. She and her team have an outstanding work ethic, know what data are needed, and get the job done. It is a pleasure to work with such wonderful professionals."  - Tara, Whippany

  • "I found Ms. Helfand's knowledge and tenacity most reassuring during the ordeal of my divorce. She was steadfast in her guidance and was very effective in her negotiations on my behalf. I would recommend her without a second thought."  -Jonathan

  • "Ms. Helfand was very professional and helpful with our bankruptcy case. Her advice was very useful and helped us make the proper decisions for our situation. In addition, she was very supportive during a very difficult time for us. Finally, she set very specific fee expectations and there were no surprises when it was completed. I would use her services again and would recommend her, without question."

  • "She is Incredible, very quick responding to the other party. Very professional and courteous. I highly recommend her. She has a great passion and love for every single case."

  • "Tanya and her team were very professional handling my divorce proceedings. She was very proactive in making the other attorney finally get the process moving forward. I would recommend her to anyone looking for legal services."  -Scott

  • "Ms. Helfand strategized & processed, both, my Divorce & Chapter 13 Bankruptcy. As both cases were emotionally and legally challenging, Ms. Helfand proved to be an empowering Mentor along the path to clarity for which I am truly grateful.I highly recommend her legal expertise to anyone who is seeking a confident, savvy & caring attorney to become at peace with self and any legal matters."  -Vas

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