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After all, “[a] wife [or husband] whose marriage has been shattered by [her] husband’s [or his wife’s] misconduct should not be left in a financial condition inferior to her [or his] economic situation prior to the parties’ divorce.”[18] In some situations, infidelity can be a factor in determining the amount of alimony the non-offending spouse pays to the spouse who was unfaithful.A judge has some discretion and flexibility in awarding alimony.

The other spouse may knowingly or subconsciously take steps to alienate the children, relatives and friends against the offending spouse.It is also not unheard of for a judge to remove custody from the de facto primary caregiver who has made the fatal mistake of taking his or her children around a paramour before the divorce is final.Infidelity can also affect the extent of an alternate residential parent’s[9] parenting time with a child.[10] In the words of The Hon.The children may on their own come to feel that the dating parent has abandoned their other parent, causing them to align with the latter.Furthermore, the children will tend not to accept the new love interest even though they might have done so had their parent waited until after the divorce to start dating.[13] Seeing someone new while still legally married may be confusing for the children.

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