What Is the Impact of Infidelity on Divorce?

Infidelity is one of the most common reasons for divorce. When one spouse cheats, it can cause significant emotional pain, trust issues, and damage to the marriage. In addition to the emotional impact, infidelity can also have legal implications in a divorce. In this article, Rodier Family Law explores the impact of infidelity on divorce.


Grounds for Divorce

In most states, adultery is considered a valid ground for divorce. This means that the spouse who was cheated on can use adultery as a fault-based ground for filing for divorce. Maryland also has no-fault grounds for divorce based on one-year separation and mutual consent if the parties meet the required factors. 


Impact on Property Division

In some states, infidelity can impact property division in a divorce. If the cheating spouse spent marital assets on the affair, the other spouse may be entitled to a larger share of the marital property. Additionally, if the cheating spouse engaged in financial infidelities, such as hiding assets or running up debts, the innocent spouse may be entitled to a larger share of the property to compensate for the financial harm caused.


Impact on Alimony

Infidelity can also impact alimony or spousal support payments in a divorce. If the cheating spouse was the primary breadwinner, they might be required to pay more alimony to compensate the other spouse for the loss of income and financial stability caused by the affair. However, the reason(s) for the breakdown of a marriage is only one factor the court must consider in determining alimony, so it’s essential to consult with an experienced divorce attorney to understand how infidelity may impact your case.


Child Custody

Infidelity may also impact child custody in a divorce. If the cheating spouse engaged in behavior that could be harmful to the children, such as exposing them to the affair or neglecting their parenting responsibilities, the other spouse may be awarded more custody time. However, if the cheating spouse was a fit parent and did not engage in any behavior that could harm the children, infidelity may not impact custody decisions.


Contact Rodier Family Law Today 

infidelity can have a significant impact on divorce, both emotionally and legally. If you’re considering divorce due to infidelity, it’s important to seek the guidance and support of an experienced divorce attorney. At Rodier Family Law, we have a team of experienced attorneys who can help you navigate the legal implications of infidelity in your divorce case. We understand the emotional pain and complexity of these cases and will work tirelessly to ensure that your rights and interests are protected. Contact us today to schedule a consultation and learn more about how we can help you through this difficult time.