If My Spouse Cheated on Me, Can I Get More Money Out of My Divorce?

Adultery is one of the primary reasons that marriages end, and according to current information, one spouse cheating on the other is an influence in 15-50% of all divorces. This is a huge number, and it begs a very important question: If there is cheating in a marriage, can you get more money in a divorce?

The answer? Maybe, but it's complicated. It depends on your state. In some states, adultery can prevent a person from collecting alimony. However, that depends on the state and on the proof you have, as mere allegations of adultery do not count. If you think that your spouse cheated on you, you must be able to provide some level of evidence supporting the allegation. Again, the specifics vary, so you'll have to check with your divorce lawyer in order to determine what proof you need in order to make the claim that your spouse cheated on you and have that claim admitted into law.  Either way, seeking to prove and establish this in court takes time and costs a lot in legal fees and other expenses. 

Furthermore, it is important to recognize that the definition of infidelity may vary. A deep emotional relationship may count in some states, a kiss on the lips in others, and a more intense physical encounter in others. This is not a small distinction, as you may need to take additional measures, such as hiring a private detective, in order to prove the adultery and thus save yourself money in a divorce settlement. 

It is also worth noting that an unfaithful husband or wife can wind up losing property. For example, if the cheating partner has expended a significant sum of money on the third party, or paramour, it is possible that a Judge may award a more favorable settlement to the wronged party. This would be to compensate for the financial losses incurred by the cheated spouse. 

Last, it is possible that someone who cheated may wind up losing leverage in a divorce settlement. In the vast majority of cases, divorces are settled before they go to Court. However, a spouse who has cheated may feel guilt, the fear of public embarrassment, or the threat of a less than favorable ruling by an unsympathetic judge. As a result, they may be more inclined to make a favorable settlement to the wronged party. 

If your marriage is coming to an end, Sabra Law Group can help make sure your interests are protected and that you get the settlement you deserve.  Call us at (646) 472-7971 for a confidential consultation.

 

 

 

 

 

 

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