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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.

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