Adultery: What Role Does it Play in Divorce?

Before the advent of the “no-fault” divorce, divorcing spouses had to show a legal reason for the divorce. The party requesting the divorce had to show adultery, cruel treatment, habitual substance abuse, or other legal grounds.  In the late 1960s to 1970s, many states adopted the “no fault” divorce.  In Georgia, this ground for divorce is “the marriage is irretrievably broken.” Now, most divorces are granted on this no-fault basis.  Even in no-fault divorce cases, adultery is still a relevant factor in today’s divorce proceedings. The Court may still consider the conduct of the cheating spouse in the financial outcome.

Adultery: All You Can Get Is Money

The short answer is: not much. The judge or jury won’t make someone sorry for cheating. They can’t make someone apologize. The only thing a judge or jury can give to the cheated-on spouse is money. Generally, both spouses walk away from a divorce with a 50/50 split of the assets and debts. Sometimes, if the infidelity has been particularly egregious, the cheating spouse could be penalized by receiving less than 50% of the marital assets.

Does Proof of Adultery Guarantee a Positive Outcome?

Proof of adultery does not necessarily a guarantee a positive outcome in a divorce.  First, the adultery has to be the cause of the parties’ separation. Second, the Court will consider the conduct of both parties. If both spouses have “misbehaved” during the marriage, the adultery may not matter as much to the judge or jury. The outcome of a divorce depends upon MANY factors. While adultery by one party can be important, it is not necessarily determinative of the case overall.