Will an Affair Impact My Divorce Settlement?

Finding out that your spouse had an affair can be devastating and, although it may ultimately result in your divorce, your spouse’s infidelity will not have much of a direct impact on the outcome of your divorce. Contrary to some of the most heavily perpetuated divorce myths, you cannot clean your spouse out simply for being unfaithful.

The Indirect Impact of an Affair

Although your spouse’s affair will not have a direct impact on your divorce settlement, it is possible that it may have an indirect impact, depending on the circumstances. For example, if your spouse spent a substantial amount of money on the affair, this may be an instance of wasteful dissipation since the funds were likely marital property. The amount in question must be significant, however. If your spouse only spent a few hundred dollars on the affair, it is unlikely a judge will consider this wasteful dissipation. On the other hand, if your spouse spent thousands of dollars on pricey hotels, expensive gifts, and vacations, it may be considered wasteful dissipation.

If your spouse wastefully dissipated assets, you may be awarded a larger share of marital property and assets to make up for it. Proving this can be difficult in court, however, so you will need to hire an experienced attorney to represent you.

Adultery may also have an indirect impact on child custody. Generally, decisions regarding child custody are based on the best interests of the children and whether or not your spouse was unfaithful has no influence. If your spouse jeopardized the well-being of the children while conducting the affair, this may have an impact on child custody. For example, if your spouse had the children around while engaging in the affair, it will likely reflect poorly on your spouse in court.

Reach Out to Our Family Law Team to Set Up a Free Initial Case Review Today!

If you are ending your marriage due to infidelity in your marriage, the family law team at Labovitz Law Firm can assist you. Our legal team is backed by 16 years of experience and a history of successful results, so you can feel confident in our team’s ability to represent you and secure the best outcome for your case.

Call our law office today at (817) 374-4056 to set up a free initial case evaluation with a member of our team to find out more about what we can do for you.


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