Do you get more money in a divorce if you were cheated on?

Asked by: Amiya Quigley  |  Last update: June 5, 2025
Score: 4.6/5 (6 votes)

Many people believe they should get more money in the divorce because the other spouse cheated. However, divorce laws do not work that way. They focus on economic fairness not punishing people for bad behavior.

Does cheating affect divorce settlement?

As a community property state, cheating has very little impact on a divorce settlement in California. All assets and property that were obtained during the marriage will be divided evenly between the spouses.

Does your wife still get half if she cheats?

Therefore, there is no half of anything. You might be divorcing because she cheated on you but the dissolution of marriage is no fault in all 50 states so the court DOESN'T care why you are divorcing as a matter of fact spousal support is now very, very rarely given and usually transitional.

Do you get more alimony if your spouse cheats?

Cheating in no way affects alimony or child custody or the financial side of divorce...in fact, the spouses cheating buddy could be raising your child 50% of the time after divorce.

Do you get more in the divorce if your husband cheats?

So if one person cheated and that is why you are getting divorced, you will not get more or less money or custody because of that. Infidelity can play a part in how much money you do or do not get if there is either a financial gain or dissipation of marital assets resulting from the infidelity.

If My Spouse Cheated, Do I Get More Money In The Divorce?

44 related questions found

Do you get more money if your husband cheats?

Many people believe they should get more money in the divorce because the other spouse cheated. However, divorce laws do not work that way. They focus on economic fairness not punishing people for bad behavior.

What is the punishment for cheating on your wife?

The Hindu Marriage Act clearly forbids polygamous marriages and punishment for those who defy the law. Whoever commits adultery shall be punished with an imprisonment which may extend to five years, or with fine, or both.

Is it better to divorce after infidelity?

If your spouse is apologetic and truly wants to work on the marriage with you, examining your quality of life might be one reason not to divorce after the affair. Things to consider include how the divorce will impact other aspects of the relationship, such as money, possessions, travel, retirement, and more.

In what state is adultery illegal?

California is an example of a state that does not criminalize adultery. Like many other states, California is a no-fault state.

What happens if your wife cheats on you and you get a divorce?

What happens if your wife cheats on you and you get a divorce? If you get a divorce after your wife cheats on you, the court may award you alimony, depending on the circumstances, and can take into account her cheating when determining how much should be awarded.

What am I entitled to if my husband cheated?

Adultery can be used as grounds for divorce but complicates the proceedings. Infidelity can impact the property division if marital funds were involved in the affair. Alimony can be influenced by adultery in some instances. Child custody is affected by adultery when the affair directly impacts the child.

Do judges care about adultery in divorce?

Unfortunately, these days, Judges are often somewhat indifferent toward adultery if it doesn't negatively affect the children involved. A Judge would be concerned if this person is dangerous, such as engaging in the use of drugs or abusing the children.

Do cheaters cheat more than once?

Knopp say. “Someone with a longer pattern of infidelity is definitely more likely to cheat again than someone who's only done it once—unless they've done serious work on themselves,” Dr. Knopp points out.

Can financial infidelity be used in a divorce?

In fault-based cases, the misconduct, including financial infidelity, can be a factor in the divorce proceedings. This could potentially influence asset division, alimony, and other financial determinations.

Can you sue your spouse for cheating?

The current law means you cannot sue your spouse for having an affair or press criminal charges. However, there are exceptions if the situation is extreme or turns violent.

What states have at-fault divorce?

Fault states for divorce are Alabama, Alaska, Arizona, Arkansas, Connecticut, Delaware, Georgia, Maryland, New Jersey, New York, North Carolina, South Carolina, Vermont, and Virginia. The District of Columbia also offers fault divorce.

Can you go to jail for cheating?

Although New York may be one of the more surprising states on the list, extramarital sex is considered a crime in 16 states and Puerto Rico. In those places, adultery is very rarely prosecuted, but the laws are strictest in Michigan, Oklahoma and Wisconsin, where adultery is considered a felony.

Is sexting considered adultery in Virginia?

Adultery. Sexual infidelity where a party has had sexual relations with someone other than their spouse. Flirting, sexting, or exchanging nude photos is not sufficient. There must be actual physical intimacy.

Is cheating on your spouse a sin?

Infidelity may be known by many other names, like adultery, unfaithfulness, and betrayal, which are all sins in the Bible. The sin of adultery is not just against your spouse, but it is a sin against yourself and can lead to the destruction of your faith and spirituality.

What are the 5 stages of cheating?

The five stages of guilt after cheating, which come from the Kübler-Ross 5 stages of grief, are denial, anger, bargaining, depression, and acceptance. The grieving process is super complex and fluid, so these stages are more to give you a general sense of what you might feel than tell you how it's going to play out.

How many marriages last after infidelity?

While the numbers vary depending on the scope and type of survey, it appears that close to half, or 45% of individuals in monogamous relationships admit to having an affair. Close to 25% of marriages stay together after an instance of cheating.

Do people regret divorce after infidelity?

Is It Common To Regret Divorce After Infidelity? Yes, it's not uncommon for individuals to experience feelings of regret after a divorce, especially if infidelity was the primary cause. Emotions are complicated, and the intertwining of betrayal, loss, and the challenges of starting afresh can lead to such sentiments.

Can a married woman have a boyfriend?

A married Hindu woman cannot simply leave her husband to stay with her lover without obtaining a divorce. Such an act may be considered adultery. It may also be considered cruelty towards the husband. He may have the right to file for divorce on grounds of adultery, cruelty and desertion.

What rights do you have if your spouse is cheating?

So, to be clear: the court does not afford you specific rights if there was cheating but infidelity can tip the scales in your favor and impact your case. This may include changing property division and also allow for certain temporary injunctions while your divorce for cheating case is pending.

How does a cheating wife affect a man?

The partner who has been cheated on might feel traumatized by the betrayal of trust and loss of emotional safety. The partner that had the affair might fear that they'll never be forgiven. When an affair is first discovered, it can be hard to think clearly enough to make long-term decisions.