Do you Have to Pay Alimony if your Spouse Cheats?

Divorce is a complex and emotionally charged process. When infidelity enters the equation, it can add a layer of anger, making financial considerations like alimony even more contentious. Can a spouse’s cheating ways impact their eligibility for spousal support? The answer, like many things in law, is – it depends.

Understanding how alimony works and how infidelity might influence it requires dissecting various factors and state-specific laws.

What is Alimony?

Alimony, also known as spousal support or spousal maintenance, is a court-ordered financial payment made by one spouse to the other after a divorce. The purpose is to provide financial assistance to the spouse with a lower earning capacity, allowing them to maintain a standard of living somewhat comparable to what they enjoyed during the marriage.

There are several types of alimony, each with varying durations and purposes. Temporary alimony might be awarded to help one spouse through the initial adjustment period after separation. Rehabilitative alimony aims to help the lower-earning spouse gain education or job training to become financially independent.

In some cases, permanent alimony is granted, especially in long-term marriages where one spouse significantly sacrificed their earnings to raise children or support the other spouse’s career.

The Fault Factor: Does Cheating Matter?

Traditionally, divorce was granted based on fault, with adultery being a common ground. In such cases, the cheating spouse might be denied alimony, or the amount awarded could be reduced. But, the landscape has shifted. Today, most states are considered “no-fault” divorce states, meaning the reason for the divorce (infidelity included) isn’t a major deciding factor.

This doesn’ t mean infidelity is entirely irrelevant to alimony. In many states, it becomes one of several factors a judge considers when determining alimony awards. Here’s how it might play out:

• Reduced Award: Even in no-fault states, a judge might consider infidelity alongside other factors like the length of the marriage, the financial situation of both spouses, and the marital standard of living. If the cheating spouse dissipated marital assets by spending them on their affair, it could negatively impact the amount of alimony awarded to the other spouse.

• Disqualification (Rare): In some states with fault-based considerations, egregious cases of infidelity, particularly those with long-term financial implications (e.g., abandoning the family for a new partner with a significantly higher income), might lead to a complete denial of alimony for the cheating spouse.

• No Impact: A growing number of states completely disregard marital fault, including infidelity, when awarding alimony. The focus is solely on the financial needs of each spouse after the divorce.

Beyond Cheating: Other Factors Influencing Alimony

Here are some of the factors judges consider when determining alimony awards:

• Length of Marriage: Generally, longer marriages tend to result in larger alimony awards, especially if one spouse stayed home to raise children while the other built their career.

• Financial Resources of Each Spouse: The income, assets, and debts of both spouses are important considerations. The spouse with higher earning is typically expected to provide support to the other if there’s a significant disparity.

• Earning Capacity of Each Spouse: The court will consider each spouse’s potential to earn income in the future. If one spouse has limited job skills or needs to re-enter the workforce after a long absence, they might be awarded alimony for a set period to allow them to become self-sufficient.

• Standard of Living During the Marriage: The goal of alimony is to help maintain a similar standard of living for one spouse after the divorce, considering what they enjoyed during the marriage.

• Health of Each Spouse: If one spouse has a medical condition that limits their ability to work and be self-supporting, it might influence the alimony award.

• Child Custody Arrangements: If one spouse has primary responsibility for childcare, it can impact their earning capacity and need for alimony.

Divorce is a difficult process, and the presence of infidelity can make it even harder. While the urge to punish your ex might be strong, making decisions based solely on anger can lead to poor financial outcomes in the long run.