The Role of Adultery in Spousal Support Orders
Introduction
When a couple decides to get married, they vow to love each other and remain faithful for the rest of their lives. However, not all marriages end up being successful, and some couples are unable to keep their promises. Infidelity, or adultery, is one of the most common reasons for divorce. When a couple decides to dissolve their marriage, the issue of spousal support often comes up. In this article, we will discuss the role of adultery in spousal support orders.
What is Spousal Support?
Spousal support, also known as alimony or maintenance, is a court-ordered payment made by one spouse to the other after a divorce. The purpose of spousal support is to ensure that the financially dependent spouse is able to maintain their standard of living after the divorce. Spousal support is usually awarded when one spouse has significantly lower income or earning capacity than the other spouse.
How is Spousal Support Calculated?
Spousal support is not a one-size-fits-all solution. The court takes several factors into consideration when determining the amount and duration of spousal support. These factors include:
- The length of the marriage
- The age and health of each spouse
- The income and earning capacity of each spouse
- The standard of living during the marriage
- The assets and liabilities of each spouse
- The contributions made by each spouse to the marriage
Adultery is not explicitly mentioned as a factor in spousal support calculations, but it can still play a role in the final decision.
If one spouse committed adultery during the marriage, it can have an impact on spousal support orders. Adultery can be considered as a factor when determining spousal support if it:
- Directly affected the marital finances
- Affected the emotional and physical well-being of the financially dependent spouse
- Resulted in a loss of assets or income for the financially dependent spouse
For example, if the financially dependent spouse can prove that their spouse spent a significant amount of marital funds on an extramarital affair, it could be considered in spousal support calculations. Similarly, if the financially dependent spouse suffered emotional distress as a result of their spouse's adultery, it could be factored into the court's decision.
However, it's important to note that adultery does not automatically disqualify a spouse from receiving spousal support. The court will still consider the other factors mentioned earlier and make a decision based on the totality of the circumstances.
Conclusion
Adultery can play a role in spousal support orders, but it's not the only factor considered by the court. If you believe that your spouse's adultery has had an impact on your financial well-being, it's important to speak with your attorney to see if it can be factored into your spousal support order. Ultimately, the goal of spousal support is to ensure that both parties can maintain a reasonable standard of living after the divorce.