Will an Affair Impact the Outcome of My Divorce?

Infidelity is a common reason for divorce. For many spouses, bouncing back from an affair is impossible no matter how hard they try to repair the trust they once had. That said, no matter how you may feel about the situation, your spouse’s affair will likely not influence the outcome of your divorce. It is a common misconception that, when a spouse cheats, the other can use divorce proceedings as a form of revenge. Although you can certainly drag out these proceedings by refusing to be cooperative, the fact is that the terms of your divorce will not be dictated by anyone’s unfaithfulness.

Affairs and Divorce Settlements

Although infidelity will generally not have a direct impact on a divorce settlement, it is possible for it to have an indirect impact.

Here are some of the ways in which an affair may influence the outcome of your divorce:

  • Property and asset division: You cannot clean your spouse out for cheating despite what a lot of divorce myths might suggest. However, affairs can get a little pricey. If your spouse checked into fancy hotels or constantly splurged on expensive dinners and gifts using marital funds, a judge may consider this wasteful dissipation. As a result, you may receive a larger share of property and assets to ensure you receive your fair share.
  • Child custody: Child-related matters are based on the best interests of the children, so your spouse will not be denied custody simply because of an affair. In order for a child custody order to be influenced by infidelity, your spouse would have had to expose them to the affair or somehow jeopardized their well-being or safety because of it. Otherwise, it is unlikely this will factor into custody and visitation.

Finding out about your spouse’s unfaithful behavior will hurt, but it may not affect the outcome of your divorce. However, if you think your spouse spent marital assets on the affair, an attorney can help ensure your interests are protected.

Speak to an Experienced Family Law Attorney About Your Case Today!

At Crossman & McNamee, LLC, our family law team is backed by decades of experience. If your spouse cheated on you, you can rely on us to represent you and ensure the best possible results for your case.

Reach out to our law office today at (937) 468-3796 to set up a consultation with one of our knowledgeable divorce attorneys.