Alimony Talks: Does it Matter Who Cheated on Whom?
Life is not fair. You would think that marrying a person means they are faithful to you forever. Sadly enough, this is not the case. A cheating spouse is, in fact, one of the leading causes of divorce.
A person naturally feels resentful towards their unfaithful partner. It is normal for them to expect the court to side with them automatically. They deserve more alimony because of that, right?
Adultery falls under a “fault” divorce. It means one spouse claims and should be able to prove that the other committed a misconduct that resulted in the breakup of the marriage. Aside from providing a ground for filing for divorce, adultery does not affect any other aspect of divorce proceedings in New Mexico.
Alimony, Property Division & Custody
New Mexico courts don’t take adultery into consideration when deciding if a spouse gets alimony or not. As your divorce lawyer would eventually tell you, getting cheated on doesn’t also mean that you will get a higher alimony than what the courts usually decide on a “no fault” divorce, where spouses separate on the ground of “incompatibility.”
Moreover, adultery does not affect the court’s decision when dividing property or making decisions about child custody or child support. In a proposed bill, for example, the judge will determine who gets a divorcing couple’s pet based on who is its caretaker.
The True Basis of Alimony
New Mexico courts will base their decision regarding alimony on several factors. This includes the age, health, and means of support for each spouse, how long was the couple married, the properties each spouse has, and their individual assets and liabilities.
Divorce in itself is hard, but it can be extra challenging when the reason behind it is a cheating spouse. The wronged spouse has to present extensive pieces of evidence before the court, further prolonging the divorce process.
