ASK THE ATTORNEY: My spouse gave me a sexually transmitted disease: Is it domestic violence? Does it impact my divorce agreement?
A recent ruling by a judge in New York state determined that giving your spouse a sexually transmitted disease (STD), also known as a sexually transmitted infection (STI), is a form of domestic violence in New York state.
The Long Island judge ruled in a groundbreaking divorce decision that gave the wife 100% of the couple’s assets after her spouse, who had multiple affairs, gave her herpes and HPV. The judge’s decision was based on a 2020 amendment to New York law that allows courts to weigh domestic violence when determining how to split up marital assets.
In this case, the husband “repeatedly threatened to kill his spouse; had multiple affairs; once threw a dirty frying pan at her; and spent hundreds of dollars a week on drugs, including heroin, crack and cocaine, according to the judge’s decision,” according to a news report.
Further, the husband even brought one of his paramours home while his wife and child were present, with the wife “tearfully” describing how she had not slept with anyone outside her marriage — and how the resulting infections apparently inflicted by her husband left her with “agonizing” pain, according to the report.
The court found the wife’s account credible, citing a 2020 amendment to a New York state law.
Is it Domestic Violence? 2020 Amendment to New York State Domestic Relations Law
The judge’s decision is based on a 2020 amendment to New York law that allows courts to weigh domestic violence when determining how to split up marital assets. On April 3, 2020, the New York State Legislature amended the Domestic Relations Law (DRL) by adding domestic violence as a consideration in making a distributive award........
