Adultery is voluntary sexual intercourse between a married person and a person who is not his or her spouse. Adultery is a leading cause of divorce, and in some states may be relevant in determining who was at fault for the breakup of the marriage, and whether the innocent spouse is entitled to an unequal division of the assets.
In New Jersey, adultery is recognized as a grounds for divorce under the state's no-fault divorce laws. However, New Jersey is a 'no-fault' divorce state, which means that a divorce can be granted without the need to prove fault on the part of either spouse. While adultery can still be cited as a reason for divorce, it generally does not have a significant impact on the division of assets unless the adulterous behavior has had a demonstrable economic impact on the marital estate. For example, if marital funds were used to support the extramarital relationship, this could be relevant in the division of assets. In terms of alimony, while adultery may be considered, New Jersey courts primarily focus on factors such as the length of the marriage, the standard of living established during the marriage, and the economic circumstances of each party.