QUESTION
If my wife is having an affair, and I can prove it through emails, texts, social media does she rate any alimony, spousal support and retirement?
Asked on Nov 04th, 2013 on Divorce - New York
More details to this question:
I am in the military about to retire and we have been married 9 years.
4 ANSWERS
Litigation Attorney serving San Antonio, TX
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Graves Law Firm
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If you're in Texas you should act quickly, because every month that passes before your retirement gives her a bigger portion of your retirement rights. She may not get spousal support, but she's likely to get an award of retired pay. But DFAS won't withhold her portion of the retired pay and send it direct to her unless you were married for at least 10 years of service. See a lawyer. Good luck.
Answered on Nov 06th, 2013 at 4:17 PM
Divorce Attorney serving Bingham Farms, MI
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Gottlieb & Goren, P.C.
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If you can prove fault on her part, the Court can divide property beyond 50/50 in your favor. That might protect your retirement, if she has adequate means to support herself.
Answered on Nov 06th, 2013 at 4:16 PM
Social Security Disability Attorney serving Melbourne, FL
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Law Office of Robert E. McCall
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Spousal support is a Judges decision. Adultery may be a factor in the determination.
Answered on Nov 06th, 2013 at 4:16 PM
Bruce Provda
The equitable distribution of assets depends on many things such as the length of the marriage. NY is a no fault state. Discuss this with your attorney.
Answered on Nov 06th, 2013 at 4:15 PM