A paramour is a person who is a love or romantic interest of a married person who is engaging in adultery with the paramour. Spouses engaged in adulterous affairs with paramours sometimes give gifts to their paramours, and often spend marital or community property on such gifts. The non-cheating spouse may pursue a reimbursement claim and ask the court to order the spouse who spent marital assets on a paramour to reimburse the marital or community estate—by returning the gift if it retains its value (jewelry) or replacing the funds with the cheating spouse’s separate property funds.
In New Jersey, adultery can be considered when determining alimony and the division of marital assets during a divorce proceeding. While New Jersey is a 'no-fault' divorce state, meaning that a divorce can be obtained without proving fault on the part of either spouse, the issue of adultery can still be relevant. If a spouse has spent marital assets on a paramour, the non-cheating spouse may raise this issue in court. The court has the discretion to consider the dissipation of marital assets when one spouse uses those assets for the benefit of a paramour. The non-cheating spouse may seek reimbursement for the value of the gifts or the amount spent from the marital estate. The court may order the cheating spouse to return the gift if it retains its value, such as jewelry, or to reimburse the marital estate with separate property funds. However, the specifics of each case can vary, and the outcome will depend on the circumstances and the judge's discretion.