Introduction: Does Infidelity Affect Alimony?
Discovering that your spouse has been unfaithful is emotionally devastating, and many people assume that adultery will lead to a higher alimony award in divorce. While it may seem fair that the spouse who was wronged should receive more financial support, New Jersey law does not automatically award additional alimony due to infidelity.
However, in certain situations, an affair can impact financial settlements, asset division, and even spousal support—particularly if marital funds were spent on the affair. Understanding when and how cheating may influence alimony can help you determine your legal options and financial rights during divorce.
Understanding Alimony in New Jersey
What Is Alimony?
Alimony is financial support paid by one spouse to the other after divorce to ensure financial stability, especially when one spouse earns significantly less or has sacrificed career opportunities during the marriage.
Types of Alimony in New Jersey
New Jersey courts recognize several types of alimony, including:
- Open Durational Alimony – Long-term support for marriages lasting 20 years or more.
- Limited Duration Alimony – Support for a specific number of years for shorter marriages.
- Rehabilitative Alimony – Temporary payments to help a spouse become financially independent.
- Reimbursement Alimony – Compensation for financial sacrifices, such as supporting a spouse through school or professional training.
📌 Related Article: Understanding Alimony in New Jersey
Does Cheating Affect Alimony in New Jersey?
New Jersey Is a No-Fault Divorce State
New Jersey follows a no-fault divorce system, which means that a spouse does not need to prove wrongdoing (such as adultery) to obtain a divorce. Because of this, courts generally do not award more alimony simply because a spouse was unfaithful.
The primary factors used to determine alimony include:
- Length of the marriage
- Income and earning capacity of both spouses
- Standard of living during the marriage
- Contributions to the marriage (financial and non-financial)
- Health and age of both spouses
When Infidelity May Impact Alimony
While infidelity alone does not justify higher alimony payments, it could influence financial settlements if:
- Marital assets were used to fund the affair (for example, expensive trips, gifts, or hotel stays).
- The affair caused financial harm to the non-cheating spouse.
- The cheating spouse voluntarily offers a higher settlement to avoid litigation.
If you believe your spouse wasted marital funds on an affair, the court may compensate you by adjusting asset division or alimony payments.
📌 Related Article: Grounds for Divorce in New Jersey
How Financial Misconduct Can Lead to More Alimony
Dissipation of Marital Assets: What It Means
Courts take financial misconduct seriously. If a spouse spends large amounts of marital money on an affair, it may be considered “dissipation of marital assets.”
This means that the cheating spouse:
- Used shared finances to support their affair.
- Depleted family resources, leaving the non-cheating spouse financially disadvantaged.
If proven, the court may compensate the wronged spouse by adjusting asset division or even increasing alimony.
How to Prove Financial Misconduct
If you suspect that marital funds were used to finance an affair, you will need evidence, such as:
- Bank statements and credit card records showing unusual spending patterns.
- Hotel receipts, travel records, and gift purchases linked to the affair.
- Forensic accounting reports identifying financial discrepancies.
A divorce attorney or forensic accountant can help uncover hidden transactions and ensure that financial misconduct is addressed in court.
📌 Related Article: How to Uncover Hidden Assets in Divorce
What Factors Actually Determine Alimony?
Even in cases of infidelity, courts focus primarily on financial fairness, not marital misconduct. The following factors have the most impact on alimony awards:
| Factor | Why It Matters |
| Length of Marriage | Longer marriages usually result in longer alimony payments. |
| Income and Earning Capacity | A spouse who earns significantly less may receive higher alimony. |
| Standard of Living | Courts try to maintain the same standard of living post-divorce. |
| Contributions to Marriage | Financial and non-financial contributions (homemaking, childcare) are considered. |
| Health & Age | Older or disabled spouses may receive more alimony. |
📌 Related Article: How Courts Determine Alimony in NJ
Can I Get More Alimony If My Spouse Cheated?
Scenarios Where Infidelity Might Lead to More Alimony
In some cases, an affair may result in a higher financial award, especially if:
- Marital assets were used to support the affair.
- The affair caused financial instability for the non-cheating spouse.
- The cheating spouse offers a higher settlement to avoid a lengthy court battle.
When Infidelity Won’t Affect Alimony
- If there was no financial misconduct tied to the affair.
- If both spouses earn similar incomes and financial need is minimal.
- If the court determines that the affair had no economic impact on the marriage.
📌 Related Article: How to Negotiate a Fair Alimony Settlement
What Should You Do If You Suspect Financial Misconduct?
Legal Steps to Take
- Consult a divorce attorney to assess your case.
- Gather financial records proving asset dissipation.
- Consider mediation or litigation to secure a fair settlement.
Hiring a Forensic Accountant
A forensic accountant can:
- Analyze financial records for hidden transactions.
- Provide expert testimony in court if needed.
📌 Related Article: Financial Planning for Divorce
Key Takeaways: Does Cheating Affect Alimony?
| Question | Short Answer |
| Does adultery automatically increase alimony? | No, New Jersey follows a no-fault divorce system. |
| Can cheating impact financial settlements? | Yes, if marital funds were spent on the affair. |
| How can I prove my spouse wasted marital assets? | Bank statements, credit card records, and forensic accounting. |
| Should I hire an attorney? | Yes, to ensure financial fairness in your divorce settlement. |
Conclusion: Protecting Your Financial Future in Divorce
While infidelity may be emotionally painful, it does not automatically result in higher alimony payments. However, if your spouse used marital assets to fund an affair, courts may compensate you through asset division or financial awards.
If you suspect financial misconduct or need guidance on alimony negotiations, consulting an experienced New Jersey divorce attorney is the best way to protect your financial future.
Contact Ziegler Law Group today for a confidential consultation.
FAQ: Alimony and Infidelity in Divorce
Q: Can my spouse refuse to pay alimony if I cheated?
A: No. Alimony is based on financial need, not marital conduct.
Q: What if my spouse used marital money for an affair?
A: You may be entitled to compensation if you can prove financial misconduct.
For expert legal advice, schedule a consultation today.
