A History Of Growing Trust In Kentucky

Will your spouse’s cheating affect your Kentucky divorce?

On Behalf of | Oct 31, 2022 | family law

Few actions by a spouse will do as much damage as an extramarital affair. A one-night stand during a business trip or emotional affairs with friends can destroy the trust and respect that you have spent years developing in your marriage. As the spouse discovering your spouse’s infidelity, you may feel shocked at first. Denial eventually gives way to a profound sense of pain and often anger.

Some people will try to work through their sense of betrayal and anger after discovering an adulterous affair with the help of a couple’s therapist. Others will realize that infidelity is a sign that they need to leave their marriage.

Will the Kentucky family courts give much weight to your spouse’s infidelity during your divorce proceedings?

Adultery doesn’t have much effect on divorce

The unfortunate truth for those adjusting to the realization that their spouse was unfaithful is that the Kentucky family courts will do very little to provide them with justice. Typically, cheating on its own will not alter how the judge divides your marital property, nor will it automatically trigger spousal support or absolve you of the obligation to provide it. Only if your spouse runs off and abandons marital property will their affair affect property division.

A cheating spouse with minor children is no less likely than any other parent to secure shared custody, as adultery does not a reflection of someone’s parenting ability. Overall, while the adultery may have caused your divorce, it will frequently have minimal impact on the practical considerations that you must address at the end of your marriage.

There are exceptions to this rule

Not all cheating spouses escape without consequence in Kentucky divorces. If the two of you negotiated a marital agreement previously that imposes a penalty for unfaithfulness, you could demand certain financial concessions, provided that you have proof that your spouse cheated.

Your household financial records could also help you secure a fairer and more appropriate property division order. If you can show that your spouse used marital assets to conduct their affair or accrued debt for the purpose of committing adultery, proof of those financial misdeeds could influence other property division decisions in your divorce.

Understanding what you can expect during your Kentucky divorce proceedings can help you move on with your life after a devastating discovery.