Why Adultery As A Divorce Ground Isn'T Automatically Beneficial
Getting cheated on is one of the most hurtful things one can experience in marriage, which is why many expect it to matter during divorce. You can use adultery as a ground for divorce, but don't expect it to automatically work to your benefit. Here are some of the divorce elements that people expect adultery to influence, and how that may happen:
Asset Division
Asset division is one of the most controversial things during a divorce. As such, it isn't surprising that people expect a bigger share of their marital assets if they can prove that their partner's cheated on them. In reality, however, adultery will only affect asset division if you can prove that the adulterous act had an impact on the size of your marital assets.
Take an example where your partner spends your marital money (remember this includes your partner's salary) in chasing a romantic partner. Maybe they have blown away thousands of dollars on expensive dinners, gifts, and trips. In that case, your partner's share of assets will be reduced in proportion to the dissipated amounts.
Child Custody
You won't get full custody of your kid just because your spouse cheated on you. The court will consider the past or future impact of the adulterous acts on the child's well being. In fact, the issue of adultery may not even be considered, especially if your partner was discrete enough to keep the affair away from the kid. However, a cheating partner's chances of getting custody reduce if their romantic liaison or liaisons seem to be preventing them from taking care of the kids. Maybe they used money meant for the college fund to take their romantic partner on a trip or, at one point they left the kids alone to go and have fun. In that case, the cheating partner may be viewed as an unfit parent, and their claim to custody will be weakened.
Spousal Support
This is one element of divorce that adultery can readily affect. As usual, the laws vary by country, but there are many states that will deny spousal support to spouses who have cheated on their partners. Therefore, if you were meant to pay spousal support to your partner, you may be able to escape the payments if you can prove they cheated on you. However, if the cheating partner is the paying partner, then the calculations will be made just like they would have been made without the issue of adultery.
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