Although adultery in and of itself may not qualify as a factor in determining alimony, the circumstances surrounding it might have an impact. Alimony, which New York now calls "maintenance" flows from the moneyed spouse to the nonmoneyed spouse no matter the actual facts.Alimony or spousal support is never automatically granted to either spouse. You may be eligible to receive financial support payments from your ex-spouse if you have financial needs and your ex was the higher-earning spouse. If facing an alimony issue, contact Wiley Lavender Maknoor, PC today for legal representation and compassionate guidance. Child support and spousal support obligations can be modified through the courts. When child support modification is sought, the courts will consider it. Generally, New York judges are not concerned if a spouse committed adultery, which is defined as having sexual intercourse with someone other than one's spouse. I was married for a long time when I found out my wife was cheating. 358 votes, 107 comments.