That is a very common question.
Once one spouse finds out another has cheated, if they decide to divorce, the cheated-on spouse frequently wants to make the cheating spouse financially pay for the affair through the divorce process.
Unfortunately for the cheated-on spouse, most divorce courts do not care about cheating in dividing up the assets during a divorce case.
The vast majority of divorces are no-fault divorces, which means that courts do not care about blame or whose infidelity ended the marriage.
Normally, the assets are simply divided according to a formula.
In addition, a fairly significant percentage of divorces end because of cheating, so courts can become immune to cheating and its impact.
There are a few situations where cheating could impact the outcome of a divorce.
The first is when the cheater has spent a lot of money on his or her boyfriend or girlfriend.
The cheating spouse may have spent marital money on the affair, and that can impact the settlement.
It’s important to obtain documentation, which could involve a private investigator or an accountant.
Another situation is one in which there is a prenuptial agreement that addresses affairs.
Finally, if the affair involved extremely offensive behavior, the cheater may end up paying more.
The end of a marriage because of an affair can be extremely emotionally difficult, but do not let your anger at the situation cloud your judgment about the best course of action to take.
Contact an experienced divorce attorney, who can advise you on the best way to proceed with your divorce.