One Viral Video Can Be Very Costly During a Divorce

Even though most Americans realize how common cameras are in public spaces, people continue to act in ways that come back to bite them if they’re caught on a video that goes viral. The most recent prominent example was the clip of now-former Astronomer CEO Andy Byron and the company’s HR head, Kirstin Cabot, cuddling at a Coldplay concert in Massachusetts. 

As most of us now know, Byron and Cabot are married to other people, and Byron’s career history likely means that millions of dollars could be at stake if he and wife divorce. Hopefully, you’ll never be in a situation where you’re subjected to the same type of nationwide embarrassment as the Coldplay couple, but if you’re going through a divorce, it’s wise to remember that cameras—whether mounted or handheld—are practically everywhere once you walk outside your door. 

For many, discovery of infidelity, on video or otherwise, can lead to the breakdown of a marriage. Most New Jersey dissolution proceedings are filed on a no-fault basis, even when a spouse has been cheating. However, adultery remains a fault ground under state law. 

Unlike some other states, being caught in an affair does not automatically translate into punitive measures during a New Jersey divorce. Decisions on alimony and property division are still generally made based on other factors. 

A potential issue can arise however when a spouse is found to have expended marital assets to facilitate or sustain an extramarital relationship. Payments for lavish gifts, trips or other significant items might be deducted from what a husband or wife otherwise would have received from the disposition of marital property. Evidence obtained from a video, such as a spouse on vacation with their boyfriend or girlfriend, could be quite persuasive in this regard. 

Given the prevalence of cameras and recording devices, public actions—intentional or incidental—run the risk of exposure. Spouses in the legal dissolution process or considering a breakup should be cognizant of their behavior in public settings, understanding both the legal and personal ramifications of being caught behaving indiscreetly.

At Rehrer & Rehrer Attorneys at Law, we handle all types of divorce matters for New Jersey clients. If you have decided to end your marriage, please call 732-279-0044 or contact us online. Our office is in Toms River and we offer free consultations to new clients.