When people search for “STI divorce New York,” they are usually asking one urgent question:
Can a sexually transmitted infection affect my divorce case?
Until recently, New York law offered no clear answer. That changed with a significant Supreme Court decision holding that transmission of a sexually transmitted infection (STI) may constitute domestic violence and may directly affect equitable distribution of marital property.
If you are facing an STI-related divorce in New York—particularly in Brooklyn or Kings County—this development may have serious legal and financial consequences.
How New York Courts Analyze STI Issues in Divorce
New York divorce law is based on equitable distribution, meaning marital property is divided fairly based on the circumstances of the marriage—not automatically split in half.
Courts consider many factors when deciding how to divide marital assets, including domestic violence and its impact on a spouse. In a recent case, the court explicitly held that STI transmission can fall within the domestic violence framework when the evidence shows serious physical harm and lasting consequences.
In that case, the injured spouse was awarded 100% of the marital property, demonstrating that an STI divorce in New York can dramatically alter the financial outcome of a divorce.
Why STI Transmission Is No Longer Just a “Private Issue”
Historically, courts often treated STI-related conduct as a private marital matter or as infidelity that did not affect property division. That approach has changed.
New York courts now focus on harm, not labels. Where STI transmission results in:
- Documented medical injury
- Long-term or permanent health consequences
- Pain, surgery, or ongoing treatment
- Conduct that was reckless, concealed, or coercive
the court may treat the conduct as domestic violence rather than mere marital misconduct.
This shift reflects a broader understanding that sexual conduct causing physical injury can violate bodily autonomy and personal safety—core concerns in domestic violence analysis.
Do You Have to Prove Intent in an STI Divorce?
No. One of the most important aspects of New York’s evolving approach is that intent is not always required.
Courts may focus on whether the conduct was reckless and on the nature, extent, duration, and impact of the harm. Even without proof that a spouse intentionally transmitted an STI, the resulting injury may still be legally significant.
This is particularly true where medical evidence shows lifelong consequences or invasive treatment.
What Evidence Matters in an STI Divorce Case?
STI divorce cases are evidence-driven. Courts rely on proof, not speculation.
Commonly relevant evidence includes:
- Medical test results and diagnoses
- Treatment records and prescriptions
- Surgical or follow-up care documentation
- Timelines showing exposure during the marriage
- Credible testimony explaining symptoms and impact
Because this evidence is sensitive, attorneys often seek to limit disclosure to what is strictly necessary while still meeting the court’s requirements.
Privacy Concerns in STI Divorce Cases
Many people hesitate to raise STI issues because they fear public exposure of private medical information. While divorce cases do require disclosure, courts recognize privacy concerns and often allow:
- Narrowly tailored disclosure
- Redaction of unrelated medical history
- Confidentiality agreements
- Limited use of medical records
A careful legal strategy can protect your privacy while still presenting the evidence needed to support your claims.
How STI Divorce Cases Can Affect Equitable Distribution
An STI divorce in New York is not about punishment. It is about equity.
Where STI transmission causes serious harm, courts may conclude that a traditional division of assets would be unfair. In extreme cases, this can result in a substantially unequal distribution of marital property.
Every case is fact-specific. Not every STI allegation will lead to a dramatic result—but where the proof shows severe and lasting harm, courts now have clear authority to act.
How a Brooklyn Divorce Attorney Can Help
If you are dealing with an STI divorce in New York, working with a Brooklyn divorce attorney who understands how STI transmission intersects with domestic violence and equitable distribution is essential.
At Gilmer Law Firm, PLLC, we represent clients in Brooklyn divorce cases involving:
- STI transmission
- Domestic violence
- Disproportionate equitable distribution claims
- High-conflict and high-stakes litigation
We focus on evidence, credibility, and protecting our clients’ rights while pursuing a fair financial outcome.
Speak With a Brooklyn Divorce Attorney
If you are searching for answers about STI divorce New York, confidential legal guidance can make a decisive difference.
