Can my ex wife file for alimony if i filed for divorce due to domestic violence?

I was physically assaulted, as well as cheated on, by my soon-to-be ex
wife. i have proof of cheating as well as police reports from the
assault so there is no question of them happening. Can she still file
for alimony?

Asked on May 25, 2016 under Family Law, New York


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

Yes, she can. Alimony is not about the reason for divorce or fault--it's about providing support to the spouse who had relied on the other spouse (i.e. a spouse who was not an equal or main breadwinner), so that he or she does not become impoverished. It is based on who earned what, for how long, during the marriage, and what standard of living you had.

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