When to Make Adultery Part of Your Divorce Case

tatistically, about 50 percent of married people cheat on their spouse, with men slightly more likely to do so than women. However, people list infidelity as the cause of divorce in only about 30 percent of breakups. The action may not be the main reason for the separation, but adultery could still affect the outcome of the settlement or a custody arrangement. Learn when adultery should be included as part of a divorce case.

An affair can affect the division of property. A spouse that used marital assets to benefit the person they were cheating with or to conduct the affair may receive a smaller share of the assets than they would have otherwise. For example, if they paid for gifts for their romantic partner or had a rental property for the purpose of conducting the affair, their settlement may be smaller.

Adultery is an action that involves the married couple, so it is not usually a consideration during a custody battle. Of course, adultery does matter in some situations. An example is if a parent left children unsupervised or otherwise neglected their parental duties to conduct the affair. The other spouse must prove that the careless behavior is likely to continue after the divorce.

One of the biggest uses for the information about an extramarital affair is outside of the courtroom. Many people do not want the embarrassment of their infidelity discussed in front of strangers or want their children to learn about the affair. A non-cheating spouse can use the behavior to gain the upper hand in negotiations.