More than likely, you won’t be able to get a higher settlement amount strictly on the basis of your spouse’s infidelity.
Since major reforms were enacted by the legislature in 2010, New York has moved away from fault-based divorces and toward and easier, and theoretically less messy, no-fault system.
You can still file on grounds like adultery, but it’s a much harder climb, and judges no longer use divorce to punish spouses who misbehaved in the way they sometimes did in the past.
There are ways to recoup losses your marriage suffered as a result of your spouse’s cheating though.
When expensive gifts for a lover were purchased with marital funds, the judge can order your spouse to reimburse the marriage for those costs.
Depending on the nature of your spouse’s behavior, their actions regarding their infidelity may also affect custody petitions and other required elements of the settlement.
Though divorce is intended to be less adversarial now than in the past, you have a right to recoup everything possible when you’ve been cheated on in your marriage.
The attorneys at Zelenitz, Shapiro & D’Agostino can help. Call us today at 718-725-9601 and speak to an experienced Brooklyn divorce lawyer for free.