Finding out that your spouse cheated on you can be a devastating realization. If it ultimately led to your decision to move forward with a divorce, however, you are probably wondering if it will have an impact on your divorce settlement. Adultery cannot directly impact the divorce process, but it can have an indirect impact on a few different aspects of it, including property division and child custody. Continue reading to learn more about the indirect impact your spouse’s infidelity may have on your divorce.
Divorce and Adultery
If your spouse cheated on you, it would not be enough for you to obtain a larger share of marital assets or property. However, if your spouse wasted a substantial amount of marital assets on the affair, a judge may consider this wasteful dissipation. Generally, minor purchases, such as lunch or small gifts, are not considered wasteful dissipation. Lavish vacations, expensive hotels, and fine jewelry, on the other hand, will likely be considered wasteful dissipation. To ensure you receive your fair share of marital assets, a judge will likely award you a larger share to make up for what your spouse spent on the affair.
When it comes to parental time-sharing or any child-related matter, decisions are rendered based on the best interests of the children. Therefore, it is unlikely your spouse’s affair will impact your arrangement, unless you can prove the infidelity poses a risk to the child’s well-being. For example, if the non-marital partner has a criminal history and your spouse continues the relationship, this factor may come into play.
Although you may be disappointed and under a lot of emotional distress over your spouse’s affair, it is unlikely your divorce settlement will be greatly affected by it, but it is possible for it to have an indirect impact. An experienced attorney can advise you on your legal options as you move forward.
Reach Out to an Experienced Family Law Attorney for the Legal Guidance You Need Today!
If you are getting a divorce after learning that your spouse had an affair, you will need a knowledgeable attorney to help you navigate each step of the process. At the Law Office of Russell S. Hershkowitz, L.L.C., our family law attorney has more than two decades of legal experience and is committed to helping families navigate these delicate legal matters. You can rely on our team to protect your interests during this difficult time.
Call our law office today at (407) 753-4111 to set up a free initial consultation with our compassionate family law attorney and find out more about what we can do for you.