Does Adultery During Divorce Proceedings Affect the Outcome?

Does Cheating During Divorce Change Anything Legally?

The legal impact of adultery during divorce depends heavily on whether your state recognizes fault-based grounds. Approximately 17 states still allow fault-based divorce, where adultery is an enumerated ground. In these jurisdictions, proving infidelity can affect spousal support awards, property distribution, and occasionally parenting arrangements.

In no-fault states like California, the court generally does not consider marital misconduct when dividing property or determining support. Under Cal. Fam. Code § 2310, irreconcilable differences is sufficient grounds — the affair itself carries no legal weight in most financial determinations.

However, in fault states like New York, adultery remains a statutory ground under N.Y. Dom. Rel. Law § 170. In Virginia, adultery under Va. Code § 20-91 can bar the offending spouse from receiving spousal support entirely under Va. Code § 20-107.1.

How Does Adultery Affect Spousal Support?

According to the American Academy of Matrimonial Lawyers, roughly 36% of divorce attorneys report that courts in their jurisdiction consider adultery when awarding alimony. States where infidelity most directly impacts support include:

• Virginia — Adultery creates a statutory bar to spousal support
• North Carolina — A dependent spouse who committed adultery is barred from alimony under N.C. Gen. Stat. § 50-16.3A
• Georgia — Adultery bars alimony if it caused the divorce under Ga. Code § 19-6-1

Our spousal support guide explains how courts weigh these factors across jurisdictions.

Does an Affair Affect Child Custody?

Courts in every state apply the best interests of the child standard when making custody determinations. An extramarital affair alone rarely changes custody outcomes unless the parent's behavior directly harmed the children — for example, exposing them to inappropriate situations, neglecting parental duties, or introducing instability.

A 2023 study published in the Journal of Family Psychology found that parental infidelity alone was cited as a custody factor in fewer than 8% of contested cases. Courts are far more focused on each parent's ability to provide stability, maintain routines, and foster the child-parent relationship. Use our parenting time calculator to understand how schedules typically work in your state.

What About the Emotional Impact?

While the legal system may not fully account for betrayal trauma, the emotional toll is real and well-documented. Research from the American Psychological Association shows that discovery of infidelity ranks among the most distressing life events, with over 60% of betrayed partners reporting symptoms consistent with PTSD.

Prioritizing your mental health during divorce is not optional — it is essential. Therapy, support groups, and structured co-parenting communication tools can help you navigate this period. Our practical guide to divorce recovery offers concrete steps for moving forward.

If you believe adultery may affect your case, find a family law attorney in your county who practices in a fault-based state. The legal landscape varies dramatically, and a local attorney can assess whether proving the affair would meaningfully change your financial or custody outcome.

For more questions like this, browse our Divorce Questions hub.