An extramarital affair can turn a marriage sour, ultimately leading to a divorce if trust cannot be repaired. However, in terms of the impact it may have on a divorce, cheating tends not to affect the outcome of a settlement. At least, not in a direct way. That said, it is possible for an affair to indirectly impact your divorce, so continue reading to learn more about it.
Affairs and Divorce
It is a common misconception that, when a spouse has an affair, the other will somehow be entitled to more assets or custody of the children. The truth is that family courts will not use the divorce process as a means to punish an unfaithful spouse.
Of course, in some cases, when a spouse engages in an affair, it may incur some serious costs, such as hotel room bills, expensive dinners, or even gifts. If your spouse used marital assets to fund the extramarital affair and the amount involved was substantial, it may be seen as an act of wasteful dissipation. When a spouse wastefully dissipates marital assets, the other spouse may receive a larger share of assets to make up for the loss.
Child-related matters, on the other hand, are based on the best interests of the children. Unless you can prove that your spouse’s affair affected them or their care, your spouse’s affair might not have any influence on a judge’s decision on this issue. For example, if your children were repeatedly exposed to the affair, it may have affected them and, as a result, a judge may factor this into a custody order.
Schedule a Case Review with an Experienced Divorce Attorney to Learn More About Your Legal Options!
Finding out that your spouse cheated on you can be an earth-shattering realization, but it typically does not have a major impact on the divorce itself. However, if you believe your spouse spent a substantial amount of assets on the affair or that it somehow affected your children, the legal team at the Law Office of Tzvi Y. Hagler, P.C. can help ensure you receive the results you deserve. You can rely on our skilled divorce attorney to help you navigate this emotionally charged and difficult experience.
Reach out to our law office today at (516) 514-3868 to set up a case review with our knowledgeable attorney to learn more about what we can do for you.