How is a spouse’s right to benefits affected if they have been having an affair?

UPDATED: Jun 8, 2011

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How is a spouse’s right to benefits affected if they have been having an affair?

My wife and I are currently seperated and I have recently found out that she had been having an affair. In the seperation agreement she gets a portion of my disability pension with all benefits. She purposely withheld information about the affair. What can I do?

Asked on June 8, 2011 under Family Law, New York


M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

I am so sorry for your situation and I an truly understand how upset you must be about the matter.  But her infidelity (or adultery as you would term it here) does not have an affect on the distribution of marital assets in a divorce in New York.  In other words, fault is not generally taken in to account.  However, that generality can be shot down say where a spouse takes marital funds and uses them on their paramour thus dissipating marital assets.  Then the court would look at that situation differently.  I would speak with your attorney o the matter and do some investigating.  Maybe there is more to the matter that at first glance. Good luck to you. 

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