Search

Finding the Right Legal Representation for Your Company

Adultery Accusations Can Impact Your Divorce Settlement

27 October 2022

Tracy Roberts

An accusation of adultery is sometimes thrown out as an attempt to automatically sway a divorcee proceeding in the favor of the perceived victim. Even worse is that some of these allegations are known by the accuser to be false. However, this accusation does more than tarnish the character of the accused; it can also impact the settlement process in a big way. 

Marital Assets

One of the most eventful parts of the divorce settlement process is the delegation of assets. Adultery can play a part in this process when there is serious suspicion, or proof, that the person accused of adultery spent marital funds on the person they were having an affair with. 

For example, one party may allege that their partner took money from a marital account to pay the rent of the person they are having an affair with. In this scenario, the court could award more of the assets to the party who suffered the financial loss in this instance, which would be the accuser. 

Child Custody

Another area where adultery accusations can have an impact would be child custody. In the eyes of the court, the only thing that matters with child custody is to ensure that the child is in the best possible environment. A part of this evaluation involves a measure, to some degree, of the moral suitability of each parent, particularly if it will have an impact on the child. 

Consider a scenario where one party is accused of engaging in adultery with a family member of the spouse, and they are still in a relationship, for example. The court can decide to intervene and determine that the mental well-being of the children would be in jeopardy if they were in this environment and award custody to the other parent as a result. 

Prenuptial Agreements

Adultery can have one of the greatest impacts in the case of a prenuptial agreement. A unique thing about these agreements is that couples have the opportunity to put whatever terms they see fit in these agreements, which can include specific penalties when adultery is involved. 

In this case, whatever penalties were outlined in the agreement could be executed against the party that is being accused. In this event, there is little that can be done to avoid this outcome. 

Make sure you do your part to clear your name and protect yourself during the divorce process. Do not hesitate to allow a family law attorney to help you with the process.

Share