One of the most common questions asked during divorce proceedings is whether infidelity will impact the settlement. This concern is particularly relevant for those who have experienced or committed adultery and are worried about its legal implications. This article explores how infidelity might influence various aspects of a divorce settlement, including alimony, asset division, and child custody.
Understanding Infidelity in Divorce Law
Infidelity, or adultery, is defined as voluntary sexual intercourse between a married person and someone who is not their spouse. While it’s a common reason for marital breakdown, its impact on divorce settlements varies significantly depending on the state’s laws.
No-Fault vs. Fault-Based Divorce States
- No-Fault Divorce States: Most states in the U.S. are no-fault divorce states, meaning that you can file for divorce without proving wrongdoing by your spouse. In these states, infidelity usually does not impact the division of assets or alimony.
- Fault-Based Divorce States: In states that allow fault-based divorces, proving infidelity can affect the divorce settlement. It may lead to a more favorable outcome for the non-adulterous spouse, particularly in terms of alimony and the division of marital assets.
Alimony and Infidelity
Alimony, or spousal support, can be affected by infidelity, especially in fault-based divorce states. If infidelity is proven, it may result in the adulterous spouse paying more alimony. Conversely, if the spouse receiving alimony is the one who committed adultery, they might receive less.
Division of Assets
In no-fault states, infidelity typically does not play a role in how assets are divided. However, if marital funds were used to support an extramarital affair (e.g., gifts, trips, or rent), the court might compensate the non-adulterous spouse by awarding a larger portion of the marital assets.
Child Custody and Visitation
Infidelity is generally not a factor in determining child custody unless the affair has directly impacted the children’s well-being. For instance, if the adulterous relationship exposed the children to harmful situations, it might influence the court’s decision on custody and visitation rights.
Proving Infidelity
Proving infidelity can be challenging and may require substantial evidence, such as witness testimony, photographs, or financial records. It’s important to consider the emotional and financial costs of pursuing this evidence in court.
Emotional and Legal Considerations
While infidelity can be emotionally devastating, it’s crucial to consider its legal implications pragmatically. Focusing solely on infidelity can sometimes prolong proceedings and increase legal costs, without significantly benefiting the overall settlement.
Conclusion
Infidelity can have varying impacts on divorce settlements, largely depending on state laws and the specific circumstances of the case. While it may influence alimony and asset division in some instances, its effect is often limited in no-fault divorce states. It’s important for individuals going through a divorce to consult with a family law attorney who can provide guidance based on their state’s laws and their unique situation.
If you are going through a divorce and concerned about the impact of infidelity on your settlement, it is advisable to seek legal counsel. An experienced family law attorney can help you understand your rights and options, and guide you towards the best possible outcome in your divorce proceedings.
