Although an affair may certainly have a huge impact on how your spouse feels about you and the tone of divorce proceedings, infidelity generally does not have a direct impact on the outcome of a divorce. Contrary to what many people often believe, you cannot bleed a cheating spouse dry in court. However, an affair may have an indirect impact on a divorce settlement, so continue reading to learn more.
Infidelity and Divorce: What You Should Know
In the past, infidelity could have a profound impact on divorce, especially back when a petitioning spouse needed a reason for the divorce that needed to be proven in court. If you cheated on your spouse, it is likely you will have a challenging time achieving a divorce settlement and things may even get a little nasty in court if you go through the litigation process. However, important decisions, such as child custody and property division are not on the loyalty spouses showed to each other during their marriage.
That said, there are some rare circumstances in which an affair may have an indirect impact on divorce:
- Child custody: Child-related decisions are based on the best interests of the children. If a spouse’s affair directly impacted the children, this may affect custody. For example, if the spouse had the children around while conducting the affair, a judge may consider this a form of indirect harm.
- Property division: Extramarital affairs can incur some costs, especially if money is being spent on hotel rooms, dinners, and extravagant gifts to keep the spark going. A judge may consider this wasteful dissipation of marital assets, which may result in a larger share of marital funds for the other spouse, assuming the amount spent was substantial.
Ultimately, although it is rare for an affair to impact a divorce, it is not impossible. Speak to an attorney to discuss the specific details of your case.
Reach Out to Our Family Law Team to Schedule a Consultation Today!
An extramarital affair can cause chaos in a marriage and lead to a divorce. If you are in the process of dissolving your marriage, contact the experienced divorce team at Fait & DiLima, LLP for the strong legal support you need to get through it. Our attorneys can provide the tailored solutions you need to protect your interests.