Divorce is difficult enough, but when infidelity is involved, emotions can run even higher. A common question we hear is:
👉 “If my spouse cheated, will I get more of the marital assets in the divorce?”
The answer isn’t always straightforward—and it depends largely on your state’s divorce laws. Let’s break it down.
✅ Fault vs. No-Fault Divorce States
The first thing to understand is whether you live in a fault-based or no-fault divorce state.
-
No-Fault Divorce States
Most states allow couples to file for divorce without assigning blame. In these states, cheating usually has little to no impact on how property is divided. Courts focus on dividing marital assets fairly (equitable distribution) or equally (community property), not on punishing bad behavior. -
Fault Divorce States
Some states still allow you to file on the grounds of adultery. In these cases, a judge may consider a spouse’s affair when dividing property. But even then, infidelity alone doesn’t guarantee you’ll walk away with a larger share.
✅ When Cheating Might Affect Asset Division
While cheating itself doesn’t typically change the split of marital property, there are situations where it can matter:
-
Dissipation of Marital Assets
If your spouse used marital funds to support the affair—such as paying for trips, gifts, or hotel stays—the court may consider that a misuse of marital property.-
Example: If your spouse spent $20,000 of joint savings on their affair, a judge may award you a larger portion of the remaining assets to compensate.
-
-
Prenuptial or Postnuptial Agreements
If you have an agreement that includes an “infidelity clause,” cheating could directly impact asset division or spousal support. -
Spousal Support/Alimony
While not directly tied to property division, adultery may influence alimony decisions in certain states.
✅ What Cheating Does Not Affect
It’s important to know that infidelity usually does not determine:
-
Child Custody or Parenting Time (unless the affair directly harms the children).
-
Division of Property in No-Fault States (cheating isn’t considered when dividing assets).
✅ Focus on What You Can Control
While it’s natural to want “justice” after an affair, courts prioritize fairness—not punishment. Instead of focusing solely on the cheating, it’s often more effective to:
-
Gather evidence of financial misuse if your spouse spent marital assets on the affair.
-
Work with a divorce attorney who understands your state’s laws.
-
Protect your long-term financial interests by focusing on the bigger picture (retirement accounts, property division, debt responsibility).
🎯 Key Takeaway
Infidelity doesn’t automatically entitle you to a larger share of marital assets. In most cases, courts divide property based on fairness and state law, not on marital misconduct. However, if your spouse wasted marital funds on the affair, you may be entitled to a greater share of what remains.
✨ Need Help Navigating Divorce?
At Jacobson Family Law, we help clients navigate divorce—whether it involves infidelity, financial disputes, or co-parenting challenges.
👉 Learn more about protecting yourself during divorce by checking out our Stanstore resources—including courses designed to help you through each stage of the process.
🎙️ And tune in to our podcast, Divorce Diaries: Lessons from the Trenches, where we share real stories and expert advice to help you move forward with clarity and confidence.
