Contact Us for a Free Case Evaluation (732) 751-4991

Villani & DeLuca Divorce Blogs

Does a Cheater Get Punished by Having to Pay More in a New Jersey Divorce?

Posted by Vincent C. DeLuca | Nov 02, 2020 | 0 Comments

The answer to this question is no.  New Jersey is a no-fault divorce state.  What this means is that courts do not delve into couples' personal lives when making decisions regarding how to distribute the marital assets or how much, if any alimony should be awarded.  The court simply does not have the manpower to investigate all allegations of marital infidelity.  The courts do not install cameras in your home and cannot determine who is the “bad” person in the marriage. 

Marital fault is only relevant in a New Jersey divorce if it is extreme in nature.  Marital fault has no impact on alimony award unless murder, manslaughter, aggravated assault, or some other outrageous criminal-type conduct is involved.  A person convicted of attempting or conspiring to commit murder will not receive alimony from the victim.

If one party commits marital waste and spends marital funds on a third party, that type of conduct may have some relevancy in determining the distribution of the marital assets. 

Adultery also does not in and of itself affect child custody determinations.  Only in the rare instances if the children are somehow placed in danger or if the party allows a significant other who has a drug or alcohol problem near the children will that be relevant to the court's ultimate determination pertaining to custody.

Should you have any questions or concerns relative to the role of marital fault in your New Jersey divorce call the Ocean County Divorce lawyers at the Villani and DeLuca law firm today.

About the Author

Vincent C. DeLuca

Vincent C. DeLuca, a partner of the firm, devotes the entirety of his practice to family law. Vince is a trained divorce mediator and collaborative divorce attorney. Vince is certified by the Supreme Court of New Jersey as a matrimonial law attorney. Less than .002% of all practicing attorneys in...


There are no comments for this post. Be the first and Add your Comment below.

Leave a Comment

Vincent DeLuca, Esq.

As a founding partner at Villani & DeLuca, Vincent DeLuca is one of only a few Certified Matrimonial Law Attorney in Ocean County, New Jersey. Mr. DeLuca has helped many clients navigate the delicate details of their own divorce. Mr. DeLuca is also a trained divorce mediator and collaborative divorce attorney. Call today at (732) 751-4991 to speak to Mr. DeLuca or one of our experienced NJ Divorce Lawyers.