117-Year-Old Adultery Law Repealed – What It Means for New York Divorce
In a historic move, New York lawmakers have officially repealed the state’s 1907 adultery law, which previously made infidelity a Class B misdemeanor punishable by up to 90 days in jail and a $500 fine. While this law was rarely enforced, its presence on the books symbolized an outdated moral stance that no longer aligned with modern legal perspectives on personal relationships.
Now that the law has been officially struck down, many New Yorkers are wondering: What impact, if any, does this have on divorce cases?
Does Adultery Still Matter in a New York Divorce?
While adultery is no longer a criminal offense, it can still play a critical role in divorce proceedings—especially in high-net-worth cases or contested divorces. Here’s how:
1. Adultery & Marital Waste
If a spouse spent marital assets—such as money, gifts, or vacations—on an extramarital affair, this could be considered marital waste. In such cases, the courts may adjust the division of marital property, awarding the wronged spouse a larger share to compensate for the loss.
👉 Learn more about how assets are divided in divorce: Equitable Distribution in NY Divorce
2. Emotional Impact on Divorce Settlements
New York is a no-fault divorce state, meaning that you don’t need to prove wrongdoing to end your marriage. However, the emotional toll of adultery often leads to more contentious divorce proceedings. A spouse who feels betrayed may be less willing to negotiate, potentially leading to drawn-out litigation.
3. Adultery & Spousal Maintenance (Alimony)
Although adultery does not automatically impact spousal support, it can be relevant if the affair directly affected the couple’s financial situation. For example, if a spouse abandoned the marriage to pursue another relationship, it could influence alimony awards.
👉 Find out more about spousal support laws in New York: Understanding Alimony in NY
What This Means for Your Divorce Strategy
If you’re considering a divorce and adultery is a factor, it’s important to understand your legal rights. The repeal of the adultery law means that criminal charges are no longer a concern, but the financial and emotional consequences of an affair still impact divorce settlements.
At David Centeno Law, PC, we specialize in helping clients navigate the complexities of divorce, ensuring they receive the best possible outcome. Whether you’re seeking a fast, uncontested divorce or need aggressive representation in a contested case, our firm provides the legal expertise and strategy needed to protect your interests.
👉 Need personalized legal advice? Contact us today: NY Divorce Consultation
Final Thoughts
New York’s decision to repeal its 117-year-old adultery law is a reflection of the evolving legal landscape. While cheating is no longer a crime, its impact on divorce cases remains significant. If you’re facing a divorce where adultery is a factor, securing experienced legal counsel is essential to ensure your financial and emotional well-being.
At David Centeno Law, PC, we’re here to help you move forward. Contact us today to discuss your case and find the best path toward your new future.
👉 Start your divorce process now: Uncontested Divorce in NY
