Even in fault states like NY assets are usually split pretty much 50/50 by the judge (unless extreme fault circumstances) Cheating is just not much of an argument nowadays in court. So I'm not sure how much gathering "evidence" is really going to help. With the kids involved, the judge is probably going to do what is in their best interest and if that means joint custody with his W getting alimony so be it. Although even alimony nowadays is not what it used to be. If she has that full-time gym job on the way, she may just get child support payments. LFL