Will Having an Affair Impact My Divorce?


If your marriage came to an end as a result of a divorce, this is undoubtedly a difficult time for you. At this point, you may be wondering if your spouse’s infidelity can have an impact on divorce proceedings or on the outcome of your settlement. Generally, unfaithfulness does not have a direct impact on a couple’s divorce, though it is possible for it to have an indirect impact.

The Affect an Affair Can Have on a Divorce

In most cases, the biggest impact an affair can have on a divorce is on the animosity between spouses, which may result in a longer, more drawn-out process that ultimately costs more. Contrary to what many often think, however, you cannot take everything from your spouse simply because of an affair.

That said, there are some indirect ways in which an affair may affect a divorce:

  • Property and asset division: It is not uncommon for a spouse to use marital funds on an affair, especially if the spouse splurged on hotel rooms and mini-vacations. If the amount involved was substantial, it may be considered wasteful dissipation by a judge. Under these circumstances, a judge may award you a larger portion of marital assets to make up for the wasteful dissipation and to ensure you still receive your fair share.
  • Child custody: Child-related matters are always based on the best interests of the children. If your spouse had an affair, this is not reason enough for you to be awarded a more favorable custody decision. However, if your spouse conducted the affair around your children or put them in situations where they had to interact with the person with which your spouse was having the affair, it may have an impact on child custody.

If your spouse had an affair and you believe wasteful dissipation occurred or your children were exposed to the affair, an experienced attorney can guide you through your divorce and protect your interests.

Reach Out to Our Compassionate Family Law Team for a Consultation Today!

If you are getting a divorce as a result of your spouse’s affair, the family law team at Garza Law Firm, LLLP can provide the compassionate guidance and support you need to get through it. Our team has the experience and skill necessary to secure the best possible outcome for your case.

Call our legal team today at (214) 225-4344 to set up a case evaluation with one of our divorce attorneys!