Can Cheating Affect Alimony Payments?

Engaging in extramarital affairs can impact alimony rights in Tennessee divorce cases.

There are a variety of reasons that married couples file for divorce. One of the most common is when one of the parties cheats and gets involved in a relationship outside the marriage. This type of behavior is painful and can be difficult to forgive. It can also impact your rights in Manchester, TN divorce proceedings. How it will affect your case depends on whether you or your partner is the one who had an affair.

If Your Spouse Committed Adultery

Under Section 36-4-101 of the Tennessee Code, a divorce can be granted on the basis of irreconcilable differences between you and your spouse. You can also file for a divorce on the basis of one of more than a dozen fault grounds. Adultery is one of the most common grounds cited in divorce complaints. If you are the spouse who was cheated on, you may be entitled to alimony as part of your divorce settlement. Alimony may be ordered on either a temporary or permanent basis. It can help you re-establish yourself in a career or can ensure you continue to enjoy the same standard of living you did while you were married.

If your spouse had an affair, he or she likely spent money that rightly belonged to both of you. Depending on these losses and other circumstances involved, an alimony award may be in order. Evidence that can be used to substantiate your claims include:

Copies of text messages, voicemails, or other correspondence between your spouse and the person with whom he or she had an affair;
Photos of your spouse and the other person together;
Testimony from witnesses familiar with the case;
Receipts, bills, and other types of evidence showing dates and times they may have been together.

Be aware that there are limits as to when you can bring up a spouse’s affair. If you reconciled after uncovering it, it is considered condonation. You will likely not be able to bring up the adulterous behavior if you decide to file for divorce in the future.

If You Were the Spouse Who Had an Affair

When requesting alimony in divorce proceedings filed through the Coffee County Courts, there are numerous factors the judge will consider. These include:

The length of the marriage;
The age and health of each spouse;
The amount of individual income and assets you own;
The reasons for the failure of the marriage.

If your spouse provides convincing evidence that you committed adultery, it will negatively impact your rights. Even if you meet other qualifications, an affair will likely prevent you from receiving alimony as part of your divorce settlement.

Talk to a Manchester Divorce Attorney

The outcome of divorce proceedings can impact your well-being and financial security for years into the future. At Burch, Morrison, & Stewart, we provide the trusted guidance you need to get the maximum amount you are entitled to in your settlement. Call or contact our Manchester divorce attorneys online today and request a confidential consultation to discuss the options in your case.