Marital infidelity can significantly complicate the equitable distribution of assets and spousal support determinations during the dissolution of marriage. The actions of one or both spouses during the marriage, specifically those involving extramarital relationships, may introduce factors that influence the legal and financial outcomes of the separation. For example, funds spent furthering an extramarital relationship can be considered a dissipation of marital assets.
The relevance of marital misconduct in determining the financial outcomes of divorce proceedings varies based on jurisdiction. Historically, fault-based divorce laws often penalized infidelity, resulting in less favorable settlements for the adulterous spouse. Modern no-fault divorce laws, prevalent in many jurisdictions, aim to reduce the adversarial nature of divorce, but even in these cases, evidence of significant financial misconduct related to the affair may still impact the distribution of marital property and alimony awards.