Does marital fault automatically give me alimony?

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One of the questions that many people ask when they are beginning the divorce process is whether they will be eligible to receive alimony. Oftentimes, a follow-up question is, “okay, but what if they cheated on me? Now, will I definitely be able to get alimony?”

Nope, sorry. That’s not how alimony works.

Alimony is never automatic. You are certainly entitled to ask whether you are eligible for alimony but the key word here is eligible. There are tons of factors that go into determining whether you may be eligible to receive alimony. You will also have to consider that New York is a no fault state, meaning that it doesn’t really matter what your spouse did to cause your marriage to end. If your spouse cheated on you, which is, unfortunately, the most common example, you won’t automatically get alimony.

However, there are situations where you may be able to recover some of the money that your spouse spent on the person they were having an affair with. If your spouse used marital funds on their extramarital relationship, you may be entitled to half.

In addition, if there was a situation where your spouse had an impact on your ability to be financially independent, you may be eligible for alimony. Of course, everyone’s situation is different so you will have to consult with your divorce attorney to determine your chances of alimony eligibility.

Contact our firm today.

Peter V. Mandi, Esq. is an experienced divorce and family law attorney located in Bohemia, New York. If you require strong and dedicated legal representation in Long Island, New York, contact Peter V. Mandi & Associates, Inc. today for a free consultation.

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