When Does an Affair Affect Divorce Agreements?

Even though affairs get a lot of negative attention during a divorce, they may not play as a big of a role in negotiations as one might think. Many states are no-fault divorce states, which means an affair typically won’t be taken into consideration during negotiations. Still, while it isn’t uncommon to speak with a client who wants to use their spouse’s affair as leverage during the divorce settlement, there are only a few circumstances where this is possible.

If there was a prenup, an affair could affect divorce negotiations. Even in no-fault states, a valid prenuptial agreement may outline the consequences of unfaithfulness in the case of a divorce. In some cases, spousal support is increased if the other spouse has an affair. If the person receiving spousal support commits adultery, they may lose their support altogether.

If a lot of money was spent on the affair, this could also affect divorce negotiations. It isn’t uncommon for the cheating spouse to spend a significant amount of money during an affair. This could be in the form of gifts, nights out, or hotel rooms. When a substantial amount of money was spent on the the affair, this may affect how much money is awarded to the other spouse.

If there was significant neglect or abuse related to the affair, this could also affect divorce negotiations. In some cases, an affair may lead a spouse to neglect their responsibilities as a spouse or a parent. It is even possible for the affair to result in emotional abuse of the spouse. If this is the case, the affair could affect the outcome of divorce negotiations.

Hiring an experienced divorce attorney in Salem, OR is the best way to guarantee that you walk away from a divorce with a fair settlement. To learn more about hiring a family lawyer at the Law Office of Lindsay Soto, click here or call 503-315-7344.