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

UPDATED: Sep 30, 2022

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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 6 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.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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