Select your state

Divorce

adultery

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 York, adultery is legally recognized as a ground for divorce. According to the New York Domestic Relations Law Section 170(4), adultery is defined as the commission of an act of sexual or deviate sexual intercourse voluntarily performed by the defendant with a person other than the plaintiff after the marriage of plaintiff and defendant. It is important to note that proving adultery in court can be challenging, as it requires corroborative evidence or testimony. While adultery can be a factor in the division of marital assets, New York is an equitable distribution state, which means that marital property is divided in a way that is fair but not necessarily equal. The court will consider various factors, including the circumstances of the case and the parties involved, rather than automatically granting an unequal division of assets based on adultery. Additionally, adultery may have an impact on alimony awards, but it is just one of many factors the court will consider.

Legal Articles

State Statutes

Individual & Family Legal Plan

As a LegalFix member, you'll get expert legal services from a local law firm that treats you like an important client. Don't wait—be prepared for life's inevitable legal challenges starting today. And ask your employer, credit union, or membership group about preferred pricing opportunities.

Divorce

adultery

Individual & Family Legal Plan

Articles

New-York State Code

Divorce

adultery

New-York State Code

Articles