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Brooklyn, NY Divorce and Family Law

Divorce in New York: Three myths debunked

Anyone going through or considering a divorce knows just how confusing the process can be. Friends, relatives, loved ones, even strangers on the street may provide advice. Some advice is helpful, other tips seem outrageous. Whether getting advice from these sources or from online searches, it is important to know that much of this information is false.

Myth or reality? Answers to questions about cheats, property division and alimony.

Some of the top myths of divorce, particularly in New York, include:

  • Equitable distribution means a 50/50 split. New York is a state that uses an equitable distribution process when splitting marital property. This does not mean that the property is split in half. Instead, it means the court works to provide a fair split. A number of factors are taken into consideration when making this determination, including the length of the marriage and the health of the parties.
  • Cheats get nothing. Unfortunately, adultery does not always lead to punishment in divorce court. Although having a roving eye that leads to infidelity does not automatically translate to negative consequences in a divorce, there are some cases where the cheating spouse can be held accountable. For example, a reduction in the divorce settlement may apply if the person guilty of cheating was wasteful with marital assets during the affair.
  • Spousal support is a girl's only club. The stereotypical nuclear family is no more. It is no longer assumed that John Doe gets up, goes to work and provides for his family while Jane takes care of the children and home. It is not uncommon for a man to put career ambitions on hold and focus on rearing the children. It is not uncommon for a husband to be out-earned by his wife. In these situations, courts may award spousal support, or alimony, to the ex-husband.

These are just three of the more common myths that involve divorce in New York. Divorce is a matter of state law, so myths in other states may vary slightly, and your outcome always depends on the individual circumstances of your case.

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