Does adultery affect divorce in NY?
In New York, soon to be ex-couples are given the option of seeking a “fault” divorce. Adultery is included, among other acts like inhuman treatment and abandonment as martial fault. Typically, adultery per se is not necessarily considered when awarding alimony or dividing marital property.
How can a husband avoid alimony?
If the husband can prove that he has no source of income, alimony can be avoided. If the husband is remarried and has a new wife to take care of, alimony can be avoided. If the wife remarries, she will not be entitled to alimony but the dependent and or minor children if any continue to get the allowance.
What happens if I lose my job and can’t pay alimony?
This is a legally-binding court order requiring one of the spouses to pay financial support to the other, lower-earning spouse. If you have been ordered to pay spousal support, you must pay as required and follow the court order. Unfortunately, if you lose your job, making the ordered payments can become impossible.
What if spouse quits job during divorce?
If your ex-spouse voluntarily becomes unemployed during divorce, you or your lawyer can ask the courts to order them to undergo a vocational evaluation which creates evidence of their earning capacity. This assists them to provide an opinion as to the ex’s earning potential, and can be hard for your ex to defend.