Alimony - Can Adultery Affect Divorce and Alimony?By Abdul Bari December 23, 2014
Alimony is a legal term, used to explain the simply expression of spousal support or maintenance after divorce. Alimony is generally offered in the means of monetary help, rehabilitation help and real estate help for having an above after the marriage. While most of the divorces end with alimony, according to the family law New Jersey, the judges of the New Jersey courts are provided with enough liberty and freedom to decide whether alimony should be paid, how much amount to be paid and what sort of help should be extended in order to support the dependant spouse after the divorce. However; there are also various factors that are taken into consideration by the court while deciding the matter of alimony and one among which is the factor of adultery.
While New Jersey as a state was extremely strict about its divorce laws and couples were generally required to show “fault” causes for getting the divorce, things have changed consecutively in today’s generation and New Jersey courts now a days agree to grant the divorce even in no-fault cases, where the couple can demand for the divorce by merely providing the explanation of irreconcilable differences, which just in simple words mean that the marriage has failed and the couple can’t get along any longer.
However; despite the easement of the process, New Jersey courts still hear fault related cases and one of the major faults on which it decides the alimony is the cause of adultery, in which either or both the spouses are cheating each other by having a love affair relationship with some other person. Although showing adultery is one of the most valid grounds for getting divorce quickly, New Jersey courts, according to the present family law New Jersey do not bar or alleviate the level of alimony amount just because one of the spouses was at fault of committing adultery. However; the court can alleviate the alimony charges on certain grounds related to adultery. Like for instance; if one of the spouses claims and proves that the other spouse can forced that spouse to spend money for buying gifts and maintaining expanses of the third person involved in adultery with the spouse or if the guilty spouse can made use of their combined properties to maintain his or her lover, the court will definitely consider these matters and may order the guilty spouse to pay a higher amount of alimony either for a short or longer period of time.
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