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Can an adulterer obtain alimony?

On Behalf of | Jan 4, 2018 | Alimony

It was not only hurtful but also insulting when you found out that your spouse was cheating on you. You knew that you wanted to get a divorce immediately, because you could never forgive him or her for doing so.

It’s not hard to imagine the shock you received when you found out that he or she was seeking alimony. Yes, you were the higher earner in your relationship, but you can’t imagine paying alimony to someone who was taking advantage of you throughout your marriage.

If someone is an adulterer, you might not think that person should be able to seek alimony. That isn’t the case, though, according to a ruling in New Jersey. The ruling from the New Jersey Supreme Court stated that while the misconduct may lower the award, it doesn’t necessarily mean that some alimony won’t be awarded.

In today’s courts, couples can file for fault-based or no-fault divorces. Even in Florida, that means that courts can decide if alimony is appropriate and that misconduct won’t necessarily play a role in that determination.

However, judges can consider the fault before announcing their decisions. For example, if the adultery was so major that it resulted in Verfiable financial losses for the victim spouse, the judge may determine that no financial support should be awarded.

Like New Jersey, Florida is also a no-fault divorce state. As a result, it’s possible for a cheating spouse to receive alimony. It’s vital to speak to your attorney if you find out your spouse is seeking alimony so that you can do everything in your power to protect yourself and your assets.

Source: FindLaw, “Can An Adulterer Receive Alimony? The New Jersey Supreme Court Says Yes, But Marital Misconduct Can Lower the Award In Egregious Circumstances,” Joanna Grossman, accessed Jan. 04, 2018


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