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Does Adultery cause me to lose support and maintenance? |
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Adultery arises when you have an extramarital affair before filing for divorce. Adultery is used as a is very hard to prove as you must have proof of the actual act of sex between the married person and other person. Adultery does not interfere with support and maintenance as New york doe snot consider fault in a divorce. There is no actual support/maintenance formula in NY but there are some 13 factors the courts consider when determining what is fair for property distribution, which is similarly considered when support is an issue: (1) income & property of parties at time of marriage & case commencement (2) marriage duration & age & health of each party(3) custodial parent need to occupy/own marital home & it's household effects.(4) loss of inheritance & pension rights upon dissolution date of marriage (5) maintenance award (6) equitable claim to, interest in or any direct/nondirect contribution made in acquisition of marital property by the party not in title, including joint efforts, expenditures, contributions & services as spouse, parent, wage-earner & homemaker, and to career potential of the other party(7) liquid/non-liquid char of all marital property (8) probable future finances of a party (9) evaluating impossibility/difficulty re business/corporate component (10) tax consequences(11) wasteful dissipation of assets(12) transfer/encumbrance made in contemplation of matrimonial action without fair consideration and (13) any other factors the court deems just & proper.z
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