Adultery, or marital infidelity, constitutes a violation of the marital vows and the expectation of exclusivity within a marriage. Its relevance in dissolution proceedings varies significantly depending on jurisdictional laws and the specific circumstances of the case. For instance, in a community property state with a no-fault divorce system, the act itself may not directly influence the division of assets. However, if resources were used to facilitate the affair, such as spending marital funds on travel or gifts for a third party, this could be considered dissipation of assets.
The impact of infidelity on divorce proceedings is historically rooted in the concept of fault-based divorce, where one party had to prove the other’s wrongdoing to obtain a divorce. While many jurisdictions have moved towards no-fault systems, where irreconcilable differences are sufficient grounds for dissolution, the actions during the marriage, including extramarital affairs, can still hold significant weight. This weight is often most apparent in determining spousal support, child custody arrangements, and the aforementioned division of property.
