Will I lose my home if my husband has a child with another woman?

Full question:

What if my husband strays and he impregnates another woman. Do I lose my home to him and his child and the woman as I do not have children?

• Category: Divorce
• Subcategory: Property Settlements
• Date: 04/07/2025
• State: New York

Answer:

If your husband becomes a father to another woman's child, he may be required to pay child support once paternity is established. You may choose to divorce him on the grounds of adultery, as New York recognizes this as one of the six grounds for divorce.

The six grounds for divorce in New York are:

1. Cruel and inhuman treatment: This applies if your physical or mental health is endangered by continuing to live together. If the abusive behavior occurred more than five years ago, you cannot use this as grounds for divorce if your spouse objects.
2. Abandonment: Your spouse must have abandoned you for at least one year, indicating they do not intend to return.
3. Imprisonment: If your spouse is imprisoned for three or more years, this can be grounds for divorce. However, if they were released more than five years ago, you cannot use this reason.
4. Adultery: If your spouse commits adultery, you can file for divorce unless you encouraged it, forgave them by resuming sexual relations after discovering it, or waited more than five years since discovering the adultery. You cannot testify to prove adultery yourself; a witness must do so.
5. Judgment of Separation: If you and your spouse have not lived together due to a court-issued separation judgment for at least one year, you can file for divorce.
6. Separation Agreement: If you have not lived together due to a written separation agreement for at least one year, you can also file for divorce.

In New York, property is divided equitably, meaning the court aims to divide it fairly, often resulting in a 50/50 split. However, the court may decide to award the marital home to one spouse or sell it and divide the proceeds.