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Will an Affair Affect My Divorce?

On Behalf of | Sep 7, 2021 | Divorce, Family Law, Firm News

A common misconception that many people have is that an affair can have a profound impact on the outcome of a divorce. However, the truth is that it is unlikely an affair can be used as a tool to sway this process in either direction. Although an affair will not typically have a direct impact on a divorce, it can potentially have an indirect impact, so continue reading to learn more.

Affairs and Divorce

People tend to believe that, if a spouse has an affair, that spouse will receive a smaller share of marital assets. While the idea of an unfaithful spouse receiving a less favorable divorce settlement may be of comfort to those whose marriages end as a result of an affair, this is largely a myth.

That said, if you can prove dissipation, you may receive a bigger share of marital assets. Dissipation occurs when a spouse spends marital assets on an extramarital affair. Proving dissipation can be difficult and, if the amount involved was minimal, it is unlikely that it will have an impact on your divorce. However, if your spouse spent marital funds on pricier items, such as an expensive car, an exotic vacation, or luxurious hotels, you may be able to recoup those funds and obtain a better settlement.

When it comes to child-related decisions, it is also unlikely an affair will have an impact. These matters are based on the best interests of the child. Unless they were in direct harm as a result of your spouse’s affair, your parenting agreement will not be influenced by their infidelity during the marriage.

Discuss the Details of Your Divorce with an Experienced Divorce Lawyer Today!

If you are filing for divorce after discovering your spouse’s affair, you should not hesitate to contact a knowledgeable attorney to represent you. At Barach Law Group LLC, our family law team is backed by more than two decades of experience and a proven track record of favorable results. You can rely on us to guide you through every step of this process while protecting your interests and helping you achieve your goals.

Reach out to our law firm today at 617-819-1805 to schedule a consultation with one of our divorce attorneys to get started on your case and learn more about what we can do for you.