Legal Question in Family Law in New York

Re: Alimony

No. In NY a spouses' conduct must rise to an "extreme" level, in order for the spouse to be deprived of equitable distribution and spousal support. An "Adultey," cause of action, w/o more is not usually considered "extreme."

In NY "Equitable Distribution" AND spousal support (if a "need" exists and there is an ability to pay) are considered separately and are not usually affected by a "cause of action" for divorce.

I once had a case where the wife "shot" her husband, (my client) causing him to be hospitalized for a couple of months, I had the wife served, while she was still in jail, for the shooting. The husband refused to believe that he would have to pay or give her anything; and in disgust, he went to another attorney, believing that I "had" to be incorrect in my assessent of his case. But, at case conclusion, the wife received equitable distribution AND spousal support, which was substanial. It was based on the aggregate value of the "marital" property and the husband's annual pension. The amount she received and was to receive was only slightly discounted.

Suggest: Seek child support from the spouse with add ons, to offset your spousal support payments. And, work past the anger and hurt; and get on with the business of raising your children, who apparently have a "trifling" mother.

Good luck,

Phroska L. McAlister,ESQ