Marital unfaithfulness is a violation of the trust and commitment within a marriage. Its presence introduces complexities into the legal dissolution process, influencing various aspects of the proceedings. For example, evidence of an extramarital affair can potentially impact decisions related to property division or spousal support, depending on the jurisdiction and specific circumstances.
The significance of marital misconduct in divorce cases stems from its capacity to alter the perceived fairness of the settlement. Historically, legal frameworks often viewed infidelity as a justification for awarding a disproportionate share of assets to the wronged party. While no-fault divorce laws have become more prevalent, some jurisdictions still consider marital fault, including infidelity, when determining the financial outcomes of the separation. This consideration can be particularly relevant when one spouse expended marital assets on the affair.