Can I get alimony and full sole custody of my child if I have evidence of my husband’s adultery?
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Can I get alimony and full sole custody of my child if I have evidence of my husband’s adultery?
I’ve been married for 2 years and caught my husband cheating for the 3rd time. However now I’m pregnant and want a divorce. I have recordings of him being very abusive towards me, and I have all the emails from him cheating. Is this enough I’m in the state of NJ? He is in law enforcement.
Asked on July 20, 2011 New Jersey
Answers:
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
As a general rule, adultery is not as a factor in determining alimony. However, it is a factor in establishing the amount of alimony that is "fit, reasonable and just". In other words, whether or not an alimony award is granted by the court depends on factors other than the commission of adultery. However once it is determined that alimony will be awarded, the adultery can be a factor in determining the amount of alimony.
As far as the issue of child custody, as a general rule adultery bears little relevance to the issue. However one possible impact of such behavior on the determination of custody would be if the adulterous spouse had introduced their lover into the lives of the children. Another thing that will be taken into consideration is the lover's character and behavior to the extent it affects the children. For example, if they are a sex offender, drug addict, alcoholic, violent, or the like, this could negatively impact the at fault spouse's custody rights.
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