What assets/alimony/ is my wife entitled to if she had an 8 to 10 month long affair?

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What assets/alimony/ is my wife entitled to if she had an 8 to 10 month long affair?

Approximately 7 months ago I discovered my wife of 7 years, was having an affair with my son’s football coach. We were in the process of buying a home for which I had put down 15,000. I lost it when I backed out of the sale. I have 2 kids (ages 7 and 4). What is she entitled to once we start the divorce process? As of the past 6 months I’ve been paying $1200 a month in child support, both cars (they are both in my name), all credit card bills, car insurance, etc.

Asked on July 14, 2011 under Family Law, New York

Answers:

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

Answered 10 years ago | Contributor

I am so sorry for what happened.  It must be very upsetting especially with such young children.  The question I think you are asking "legally" is if committing adultery effects the equitable distribution of assets in New York.  The answer is no, it does not.  The Courts are not concerned with this issue when they are dividing marital assets. They are not concerned with punishing either spouse.  It is not a criminal matter to them. It is just a question of dividing the marital property equitably, not necessarily equally.  So I would call and speak with a divorce attorney in your area and let him or her know what you are paying now.  Good luck to you.


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