Murrieta Family Law Firm Temecula Divorce Attorney
Experience, Expertise, Excellence

Will Infidelity Affect the Outcome of My Divorce?

Adultery can have a profound impact on a family’s life, resulting in the end of a marriage, family resentments, and other unexpected ripple effects. That said, in terms of your divorce settlement, infidelity does have much of an impact, contrary to what many tend to believe. You cannot financially clean out your spouse just because of an affair, no matter how much you might want to.

Understanding the Consequences

Generally, adultery will not impact the outcome of a divorce settlement. That said, there are some ways in which an affair can indirectly affect a divorce. Wasteful dissipation refers to the frivolous and wasteful spending of marital assets. If your spouse spent vast sums of marital assets on an affair, it might be considered wasteful dissipation. However, the amount involved must be substantial. If your spouse took out a lover out to a handful of movie and dinner dates, it would likely not be considered wasteful dissipation by a judge. On the other hand, if your spouse spent thousands of dollars staying in expensive hotel rooms and buying lavish gifts for a lover, it is probable that a judge would consider this wasteful dissipation.

If your attorney is able to prove that your spouse wastefully dissipated assets, it would impact how marital assets and property are divided. To make up for the amount wasted by your spouse, you would be awarded a greater share of assets.

It is also possible for adultery to affect a child custody arrangement under some circumstances. For example, if your spouse conducted the affair while your children were around, it could have an impact since it is possible the affair might have directly affected the children. However, it is incredibly uncommon for infidelity to play a substantial role in a couple’s custody arrangement. It will undoubtedly be one of the factors a judge considers, but do not expect it to be given greater consideration than any of the other numerous factors examined to render this important decision.

Ultimately, the cost of infidelity is largely emotional since the legal system is not designed to punish unfaithful spouses. Moreover, trying to use the court to seek revenge on your spouse will only cost an unnecessary amount of time and money, so it is best to do what you can to protect your own interests and start anew.

Schedule a Free Consultation with an Experienced Divorce Attorney

If you are getting a divorce after discovering your spouse’s infidelity, we understand that this is a difficult time for you and your family. At Singleton Smith Law Offices, Inc., our divorce team has successfully helped spouses get through both uncontested and contested divorces and provided outstanding, personalized legal services. We have more than 25 years of combined legal experience on our side and a reputation for excellence, so you can feel confident in our ability to represent you and ensure you achieve the results you need.

Take the first step toward a new chapter in your life and contact our law office today at (951) 779-1610 to schedule a free initial case review with one of our compassionate divorce attorneys.