How a Cheating Spouse Affects Your Divorce
One of the most common questions about divorce is how or if a cheating spouse can affect the divorce, specifically if a spouse’s adultery affects the spousal support or asset division. When a spouse is caught cheating it often shatters the marriage and trust in the relationship. As a result, it’s common for spouses who caught their husband or wife cheating to want to take a very aggressive approach to their divorce.
I Caught My Spouse Cheating and I want a Divorce
While getting a spouse in an extramarital affair is a very normal reason to file for divorce, the affair will probably not have a direct effect on the actual terms of the divorce. In some states, a divorce requires fault, and in some of those states, the at fault spouse can be “punished” for lack of a better term as a result of the affair.
How Would an Affair Affect Custody, Spousal Support or Alimony?
In states where they do NOT have a “no fault” policy for their divorce, it can affect the terms of the divorce. For example, in some states a spouse who was caught cheating may not be entitled to spousal support. A spouse who was caught spending an excessive amount of money on an affair may see a smaller share of the asset division. If you are looking for a Twin Cities divorce lawyer or a family law attorney in Edina, Minnesota divorce law will have a no-fault divorce so the cheating will not have an effect on the divorce terms.
Minnesota is a No-Fault Divorce State
Minnesota has adopted a no-fault approach to divorce. This means that you can simply cite “irreconcilable differences” as the reason for the divorce. This means no one needs to spend time or energy trying to prove who did what or who caused the divorce. While this may be disappointing to a spouse who caught their loved one cheating and was hoping to gain an advantage in the divorce, it’s best to just decide to move forward if you are going to end the marriage.
Balancing the Emotional and Financial Elements of a Divorce
The topic of cheating spouses and divorce brings up a larger topic of the relationship between managing emotions and the divorce process. It’s always an emotional process. But letting that emotion overflow into the financial and legal elements of the divorce is always a mistake. When it’s over, it’s over… it’s time to let success be the best revenge and move on. Hiring a “tough lawyer” to “clean out your spouse” isn’t going to happen. Lawyer up, learn how the law works, and move forward.
Cheating & Divorce: Does it Make a Difference?
In Minnesota, which is a no-fault divorce state, the courts typically do not consider marital misconduct, such as infidelity, when deciding how to divide assets or determine child custody. The fact that one spouse has cheated doesn’t have a direct impact on the outcome of the divorce. The key factors the courts focus on are more practical, like each party’s financial needs, contributions to the marriage, and the best interests of any children involved.
That said, infidelity can sometimes play a more subtle role in divorce proceedings, especially in matters where the judge has discretion. For example, spousal maintenance (alimony) could be influenced by the circumstances surrounding the breakdown of the marriage. While infidelity won’t automatically result in a larger maintenance award, a judge may be more sympathetic to the non-cheating spouse when making decisions about issues with some flexibility, like maintenance or property distribution.
Obviously, your spouse cheating is a very good REASON to get divorced, but the point of this post is simply to explain that it may not have the “winner take all” impact on your divorce from a financial or legal perspective.
