When courts decide custody issues, they try to adopt a parenting plan the meets the best interests of the children involved.When you file for a no-fault divorce—or divorce based on irretrievable breakdown—your spouse’s adultery won’t matter much.
The cheating spouse may receive a smaller property award or may have to pay a larger portion of the marital debts because of the affair.
Additionally, certain states allow courts to consider marital misconduct when awarding alimony.
Most states won’t consider fault when dividing property.
However, if one spouse spent thousands on jewelry, clothing, or trips for a lover, a judge will likely consider those expenditures when awarding assets in a divorce.
So if your new relationship destroyed your marriage, you may have to pay additional spousal support—or be prohibited from asking for support—as a result.You may believe that a new relationship will actually benefit your kids, but a judge may not.