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Can an Affair Affect My Divorce Settlement?

Finding out about your spouse’s infidelity can certainly lead to a divorce and stir a lot of emotions and animosity during the process, but it generally does not have a direct impact on the outcome itself. However, that does not mean it cannot impact your settlement at all. There are some ways in which an affair can indirectly impact a settlement, so continue reading to learn about it.

The Indirect Impact of an Affair

It is a common misconception that an affair can ultimately allow one spouse to clean out the other. The truth is that, if your spouse cheated on you, you will not receive more than your fair share of assets or take the kids away. That said, it is possible for it to have an indirect impact.

Here are the ways in which your spouse’s affair can affect your divorce settlement:

  • Oftentimes, affairs can get expensive. Between hotel rooms, secret getaways, dinners, gifts, and other expenses, keeping an affair going can incur a lot of costs. If your spouse used marital assets to fund the affair, this is known as wasteful dissipation. You can receive a greater share of marital assets if your attorney can prove wasteful dissipation in court. However, keep in mind that a judge will only qualify your spouse’s spending as wasteful dissipation if a significant amount was involved.
  • An affair may also indirectly impact child custody. For example, if your spouse exposed the children to the affair, it may impact the court order. However, unless the children were in danger, your spouse will still be part of their lives since family courts typically believe the involvement of both parents serves the children’s best interests.

An affair can be devastating, but unless your spouse used marital assets or the children were around while the affair was happening, it probably will not impact your settlement.

Discuss Your Divorce Case with an Experienced Family Law Attorney Today!

If your spouse had an affair, resulting in the decision to get a divorce, the family law team at Cynthia Tracy, Attorney at Law, P.C. can help you. Backed by more than three decades of experience, you can feel confident in our ability to protect your best interests and ensure the most favorable results.

Reach out to our law office today at (281) 612-5443 to set up a case review with a member of our team.