Does Infidelity Impact a Divorce Settlement?

An affair can be devastating to a marriage and, although some couples may try to work it out, others may never be able to move past it. If your spouse cheated on you and you are choosing to end your marriage, you might have questions about its impact on your divorce settlement. In short, your spouse’s infidelity will not have a direct impact on the outcome. However, it may have an indirect effect on it, so continue reading to learn more.

Infidelity and Divorce

One of the most predominant divorce myths around is the belief that an unfaithful spouse can essentially be taken to the cleaners during the divorce process. The truth is that just because your spouse had an affair does not make you entitled to more marital assets nor will it give you custody of your children. That said, depending on the details of your circumstances and how your spouse conducted the affair, the outcome of these issues may be impacted.

An affair can get expensive, in some cases. Between hotel rooms, dinners, gifts, and even vacations, your spouse may have potentially spent a considerable amount of money on the affair and, chances are, those funds were marital property. Therefore, a judge may consider this an act of wasteful dissipation and you may be awarded a larger share of marital funds. If the amount involved was negligible, it is unlikely property and asset division will be affected.

When it comes to child custody, a judge will always base such decisions on the children’s best interests. Your cheating spouse may have been a bad partner, but not necessarily a bad parent, so it will take more for an affair to impact custody. For example, if your spouse took the children to meet their extramarital partner, especially if this occurred on multiple occasions, child custody may lean heavily in your favor.

Speak to a Compassionate Divorce Attorney About Your Case Today!

Divorce is never easy for anyone, especially if you recently found out your spouse was cheating on you. Hiring an experienced attorney can help make the process go more smoothly. At Kay Polk, Attorney at Law, our family law attorney has nearly two decades of experience. You can rely on our team to provide the knowledgeable advice and guidance you need to get through this.

Reach out to our law office today at (713) 234-6260 to set up an initial case evaluation to learn more about what we can do for you.