Can adultery have an impact on the determination of an alimony award?

Needle | Cuda: Divorce & Family Law | Feb 15, 2022 | Category: Divorce lawyer in Westport, Connecticut

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Needle | Cuda: Divorce & Family Law | Apr 16, 2022

When determining whether alimony should be awarded and the amount and duration of the award, the court must consider all the evidence presented and a specified list of factors. The factors the court considers when awarding alimony are: 1. The length of the marriage; 2. The cause for the annulment, dissolution, or legal separation; 3. The parties’ age, health, station, occupation, amount and sources of income, earning capacity, vocational skills, education, employability, estate, and needs; 4. Any property division ordered by the court; 5. Each spouse’s need for support; and 6. In the case of minor children, the desirability and feasibility of the custodial parent securing employment (CGS § 46b-82(a)). The court must specify the basis for any order of alimony that only terminates upon the death of either party or the remarriage of the alimony recipient.

Needle | Cuda: Divorce & Family Law | Feb 15, 2022

In divorce, the “causes for the breakdown of marriage” are taken into account by the court when determining alimony. If the breakdown of the marriage was caused by adultery, or one spouse is found to be more at fault for the breakdown of the marriage, alimony can be directly impacted. The judge may see that one spouse was not faithful and award the spouse who was faithful or “less at fault,” the more favorable end of an alimony agreement. Although this is not necessarily common, it is possible. Learn more on our website or by giving us a call.

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