The misconduct of a woman who misled her husband into believing that he was the father of a child she had had with another man was not so outrageous as to affect the division of their property, the New York Court of Appeals ruled Thursday.
The court in a 6-1 ruling declined to find that the wife’s adulterous behavior rose to “egregious” levels that would disturb the presumption in Domestic Relations Law §236(B)(5)(d) in favor of equitable distribution in marital actions.
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