*This blog was updated to reflect current divorce laws in New York State on April 23, 2019.

In New York State, whether or not your spouse had an affair may not have much of an effect on your divorce. This is because New York is a “no-fault” divorce State. The Court does not look at what caused the divorce, even if it was an affair.

However, there are some instances where your spouse’s affair can make a difference in your divorce.

If your spouse was spending significant marital funds on his/her paramour, then that is considered “wasting marital assets.” The Court is considering whether or not there were significant marital funds wasted on the affair. So, the Court will usually not consider small amounts, like dinner etc. The Court will consider vacations, airfare, hotels and the like. The money spent has to be marital funds and usually, the Court is considering monies that were spent prior to the commencement of the divorce action.

In situations where the spouse was wasting marital assets, the Court may compensate you with additional money from the divorce.

Another situation where a spouse’s affair will have an effect is when there is a pre-nuptial agreement which states that if either party had an affair that there would be certain financial consequences, then that clause would be available to you.

One more thing to know — when you file for a divorce, you do not have to state as one of the reasons that you are seeking a divorce is because of your spouse’s affair. In New York, you can simply request a no-fault divorce.

David Badanes and the Badanes Law Office, P.C. have helped numerous clients who are seeking a divorce because their spouse had an affair. If you are contemplating divorce and need an attorney to represent you in your divorce contact David Badanes and the Badanes Law Office. Call David Badanes and the Badanes Law Office today at 631-239-1702, email me at david@dbnylaw.com or visit us on Facebook to get important legal news, tips and articles: www.facebook.com/BadanesLawOffice.