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Infidelity – Will it Impact the Outcome of My Divorce?

| Dec 15, 2017 | Alimony, Divorce, Firm News

Every state handles its approach to divorce differently, but many generally do not take infidelity into account. While many states support no-fault divorces, Massachusetts is considered both a fault and no-fault state and, among its grounds for divorce is adultery. This means that a Massachusetts court will grant a divorce on the basis of adultery if enough proof is presented.

Infidelity and Alimony Awards

Of course, regardless if you are the spouse who was cheated on or the spouse who had an affair, you are likely more concerned with the impact infidelity might have on your divorce more so than you are regarding whether or not it is grounds for divorce. When it comes to alimony, Massachusetts courts must consider the following factors to determine the sum that is to be awarded and the duration of such payments:

  • The length of the marriage
  • The ages of both spouses
  • The health of both spouses
  • The income, employment, and employability of both spouses
  • The economic and non-economic contributions each spouse made to the marriage
  • The marital lifestyle
  • The ability of either spouse to maintain the marital lifestyle
  • The loss of economic opportunities that resulted from the marriage
  • Any other pertinent factors

Adultery is not on this list and it is not always considered among the “other factors” a judge might review. However, if a spouse wastefully dissipated marital funds by spending on his or her extramarital affair, the court will very likely take this into consideration when awarding alimony. In fact, in some cases, a spouse does not even necessarily have to spend vast amounts of money on an affair for it to be considered wasteful dissipation. Any spending of marital assets on an adulterous affair might be considered wasteful dissipation. Under these circumstances, a judge might penalize the spending spouse by compensating the other with a greater share of marital assets or increasing the alimony award. However, it all depends on your specific circumstances. To understand the impact infidelity might have on your own unique case, it is crucial to consult with a skilled divorce attorney.

Framingham Divorce Attorney

Filing for a divorce can be an overwhelming and emotional time, especially if the grounds for your divorce is adultery. At Barach Law Group LLC, we are dedicated to protecting your best interests and in lessening the stress of this process by helping you navigate every step and answering any questions you have along the way. Backed by over 20 years of experience, our Framingham divorce attorneys always exemplify courteousness, discretion, and support. Contact our office today at 617-819-1805 to request your free consultation.