Photo of attorneys at Conlon & McGlynn LLC
Photo of attorneys at Conlon & McGlynn LLC

Exceptional Representation Customized To Fulfill The Unique Needs Of Your Family

What effects does adultery have on Connecticut divorces?

On Behalf of | Jan 14, 2021 | Divorce |

While many marriages are marked by trust, others are rocked by infidelity. If you discovered your spouse cheated on you, you likely feel hurt and betrayed. Even if you are normally a forgiving person, their actions likely crossed a line, and you may see no path forward for your marriage. If you decide to divorce your spouse due to their adulterous behavior, it is important to understand how their actions could affect alimony, child custody and property division in Connecticut.

Adultery is grounds for a fault-based divorce in Connecticut

Connecticut law allows for no-fault divorces, which can proceed based on a marriage’s irretrievable breakdown alone. Yet, state courts will also grant divorces on certain grounds, among which include adultery. For the court to grant you a divorce based on your spouse’s adultery, though, you will need to provide evidence of it. In proving adultery, you must show that your spouse had the opportunity to commit it, as well as an adulterous disposition.

How adultery could impact your divorce

The cause of your marriage’s breakdown is one of the factors Connecticut courts can consider when awarding alimony. If your spouse’s infidelity was the main reason your marriage collapsed, it is possible the amount of alimony the court awards them – if they are eligible for it – could reduce. If you, as the wronged spouse, are eligible for alimony, it is possible the court may increase the value of your award based on your spouse’s actions.

Your spouse might have dissipated marital assets while conducting their affair. If they did, the court may reduce the share of marital property they will receive your divorce. Your spouse’s actions, though, are less likely to affect the share of child custody the court awards them. Yet, this could happen if they exposed your children to one or more paramours, and these individuals put your children in harm’s way.

It is understandable that you would want to hold your spouse accountable if they committed adultery. An attorney with family law experience can help you determine how your spouse’s actions could affect the outcome of your divorce.