Does adultery impact alimony in a high-asset divorce?

On Behalf of | May 20, 2024 | DIVORCE - High-Asset Divorce |

High-asset divorces can be complex, especially when it comes to determining spousal support. One common question that often arises is whether adultery affects the amount of alimony awarded in a case.

For anyone going through a high-asset divorce, it is important to understand the legal landscape in this area.

Understanding alimony

Alimony, also known as spousal support, is financial assistance provided by one spouse to the other after divorce. Its purpose is to help the lower-earning spouse maintain a standard of living similar to that enjoyed during the marriage. In New Jersey, the court can award alimony on a temporary or permanent basis, depending on various factors, including the length of the marriage, the earning capacity of each spouse, and their respective financial needs.

Adultery and alimony

When it comes to high-asset divorces in New Jersey, adultery can be a factor considered by the court when determining alimony. However, it is not the sole or determining factor. Instead, the court will assess various aspects of the marriage and the circumstances surrounding the adultery.

Impact on alimony awards

Adultery may influence alimony awards in different ways. If the adulterous behavior directly affected the financial situation of the marriage, such as through the dissipation of marital assets in an extramarital affair, it could impact the court’s ruling. Additionally, if the adulterous behavior caused the breakdown of the marriage and inflicted emotional or financial harm on the innocent spouse, the court might also consider it.

While adultery can potentially affect the amount of alimony awarded in a high-asset divorce, it is just one of many factors the court considers before making its decision.