10/18/2026
David Bliven, Westchester Divorce & Family Law Attorney - Bronx Divorce & Family Law Attorney: “What If My Spouse Cheated? Does Infidelity Matter in a NY Divorce?” *** If you appreciated the information in this video, please share, “like,” subscribe & follow. Thank you! ***
“Cheating may destroy a marriage — but does it destroy someone’s rights in court?”
Many people assume that if their spouse cheated, the court will punish them financially or with custody. But New York doesn’t always work the way people think. I’m David Bliven, Bronx & Westchester Divorce Attorney. Let’s talk about how infidelity actually impacts a divorce. 1. New York Is a No-Fault Divorce State. You don’t need to “prove” bad behavior to end the marriage. “Irretrievable breakdown” is enough. So does cheating matter at all? 2. Infidelity Does NotAutomatically Affect: Asset division. Child support. Spousal support. Custody decisions. Judges don’t punish someone for moral failings. 3. But Infidelity Does Matter When Money Was Spent. If your spouse used marital money on an affair: Trips, Hotels, Gifts, Secret accounts, Rent or living expenses of another person, …this is called wasteful dissipation. A judge can force your spouse to repay you through the asset division. 4. Infidelity Matters When It Harms the Children. If the cheating: Exposed children to inappropriate situations, Created instability, or Involved dangerous people, then…judges do consider that in custody determinations. 5. Infidelity Matters If It Shows Poor Judgment. Even if the children weren’t directly harmed, bringing new partners around too soon can influence custody. 6. Infidelity Can Affect Negotiations Emotionally. Not legally — but emotionally. And emotion drives litigation more than law does. The Bottom Line: Cheating affects your divorce only when: Marital money was wasted, or The children were negatively impacted. If your spouse cheated and you’re unsure what financial or custody effects that may have, reach out to my office. I’ll help you understand your rights and your leverage.”
David Bliven, Westchester Divorce & Family Law Attorney - Bronx Div...