Infidelity and divorce settlements

Infidelity and divorce settlements: If my ex cheated on me can I get a better financial outcome in the divorce?

When a marriage or relationship comes to an end, emotions are often running high. Anger, betrayal, and heartache can cloud judgement, especially when there has been infidelity. It can leave some people wondering, “If my ex cheated on me, does that give me the upper hand in the financial settlement?”

It’s a common assumption, but family lawyer, Dominika Windak, clears things up once and for all.

Does infidelity give the other party a better financial outcome?

While it’s understandable that you might feel your ex’s betrayal should have consequences beyond the emotional toll it took on you, in the eyes of the law, the answer is no — infidelity does not typically impact the financial settlement in divorce proceedings. Here’s why:

The legal framework of financial remedy proceedings

In the UK, financial remedy proceedings are governed by the Matrimonial Causes Act 1973. This legislation outlines the factors that courts take into account when deciding on the division of assets and financial settlements. The primary considerations include:

  • The welfare of any children
  • The income, earning capacity, and financial resources of both parties
  • The standard of living during the marriage
  • The contributions (both financial and non-financial) made by each spouse
  • The age and health of each party
  • The length of the marriage

Is infidelity taken into account?

While adultery used to be considered a ground for divorce, it does not automatically influence the financial outcome of the settlement. Courts typically focus on fairness and equity rather than assigning blame. They look at the economic needs and contributions of both parties, not who was faithful or not.

There are a few cases where infidelity might indirectly play a role, but this is not the general rule. For instance, if one party spent substantial amounts of money on an affair (such as lavish gifts, holidays, or secret accounts), this could be regarded as disposing of assets and may be taken into account when dividing the marital estate. However, this is not a given and would require strong evidence to prove.

Doesn’t infidelity matter in the financial settlement?

  1. It’s a Separate Issue
    Infidelity is a personal issue that may justify the end of a marriage, but it doesn’t change the fact that the relationship was a partnership. The financial settlement is primarily about dividing assets and responsibilities in a way that is equitable. Courts are focused on how the assets should be divided rather than who was “right” or “wrong” in the marriage.
  2. Focus on Financial Contributions
    In financial remedy proceedings, the main focus is on what each party has contributed to the marriage in terms of both financial and non-financial aspects. A spouse’s role as a homemaker or primary carer for children, for example, is just as valuable as direct financial contributions. Whether or not one spouse was unfaithful doesn’t change these contributions.
  3. Blame Does Not Equal Reward
    Courts are not in the business of punishing or rewarding individuals for their behaviour within a marriage. The financial outcome is aimed at achieving fairness, ensuring that both parties can move on with their lives after the divorce, with reasonable provision for any children involved.
  4. The “Clean Break” Principle
    In many divorce cases, the court seeks to achieve a clean break. This means that both parties are encouraged to move on independently, with minimal ongoing financial ties. The emotional aspects of the relationship are kept separate from the financial remedies. This is done in the interest of both parties achieving closure.

The real focus: Needs, Resources, and Future

Rather than focusing on past betrayals, the court will be more interested in meeting the needs of each party post-divorce. For example, if one party has greater financial needs, such as the need for housing or income, this will be factored into the settlement. Similarly, the court may consider the future earning potential of both parties, especially if one spouse sacrificed their career to raise children or support the family.

Infidelity and divorce: How we can help

So, what should you take away from this? Infidelity, while painful and emotionally charged, does not typically influence the financial settlement in divorce proceedings. The court will focus on the fair division of assets, taking into account both parties’ needs, contributions, and future financial prospects.

If you’re going through a divorce and concerned about your financial settlement, it’s crucial to work with an experienced family law solicitor. They can help guide you through the process and ensure that your financial needs and interests are protected, regardless of the circumstances surrounding the end of your relationship.

Reach out to our Financial Remedy team at Slee Blackwell Solicitors for a free initial consultation on how we can assist you.

Call us on 0333 888 0404 or email us at [email protected]

Picture of Dominika Windak

Dominika Windak

Dominika is an experienced Family Law Legal Executive, dealing with divorce, finances, children matters, domestic abuse, committal proceedings and disputes involving unmarried couples.
Picture of Dominika Windak

Dominika Windak

Dominika is an experienced Family Law Legal Executive, dealing with divorce, finances, children matters, domestic abuse, committal proceedings and disputes involving unmarried couples.

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