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Courts can consider dissipation (waste) of assets, so if one spouse spent a large portion of marital funds on an adulterous relationship, this might have an impact on how a judge divides assets between spouses in a divorce; the innocent spouse may receive a greater amount of assets than the cheating spouse in order to make up for the misused funds.
A court could also consider adulterous behavior that was part of a pattern of behavior so extremely wrongful that ignoring it would be unconscionable (outrageous).
The most commonly used no-fault ground in New Jersey is “irreconcilable differences,” which is just a fancy way of saying the couple can’t get along.
A spouse filing for divorce based on irreconcilable differences can simply state that there has been a breakdown in the marriage for at least the past 6 months, and there is no reasonable possibility of reconciliation.
Or, if one spouse contributed little to the marriage and also had multiple affairs, the combination of circumstances might amount to behavior shocking enough for a judge to consider it when making an alimony decision.
FRINGE BENEFITS - The New Jersey Wage Payment Law and Selected Labor Laws enforce separate benefit packages which the employer has agreed to provide, such as payment of holidays, vacation and personal days, and reimbursement of certain expenses.
Note: Effective October 29, 2018, the New Jersey Earned Sick Leave Law stipulates the method by which employers are to establish a paid sick leave policy.
For a complete list of factors and a more in-depth explanation of how New Jersey judges make alimony decisions, see , by Yan Wen Fei.
Until fairly recently, spouses seeking a divorce in New Jersey had to pursue a “fault” divorce, and claim that the other spouse’s misconduct (eg., adultery, abandonment, extreme physical or mental cruelty, or drug abuse) led to the breakdown of the marriage.
A person convicted of murder, manslaughter, criminal homicide, or aggravated assault under New Jersey law, or a similar offense in another state or country, can’t receive alimony if the crime resulted in death or serious bodily injury to either spouse’s family member.