Is It Worth It To Find Fault In A Divorce?

Where would the tabloids (and media in general) be without cheating spouses? Fans rally around the victim and hope that offender gets what’s deserved in divorce court. Yes, the headlines make the cases sound juicy and full of drama. But the courts don’t always see it that way. In a no-fault divorce, the infidelity may not even be a factor. It just comes down to crunching numbers to determine financial awards. In fact if the spouse bringing in the money is the one that was cheated on, he or she could even wind up paying alimony.

If a couple settles their divorce outside of court, the infidelity issue can possible still play a part. Obviously if a prenuptial or postnuptial agreement stipulates the result of an affair, the offended will be awarded accordingly. Additional monies may also be awarded to an injured spouse if the cheater has spent large amounts of money on his or her lover. There was a case where a cheating husband spent $5,000 per month to rent an apartment to have the affair. It went on for two years. In the end, the wife was awarded the full $120,000 ($5,000 x 24 months) on top of the alimony.

A word of caution to anyone getting ideas: think with your head and not your heart. Going through a spouse’s email and social media accounts can be considered hacking – bringing with it a criminal charge. There are professionals that can follow paper trails, but make sure the payout is going to be worth the time and money invested. Before putting any plans into action, consult your family law attorney to make sure you are making choices you will be satisfied with later


The information on this website is for general information purposes only. Nothing on this site should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing does not constitute, an attorney-client relationship.

Our team includes attorneys licensed to practice in multiple states including April D. Jones in California, Patrick G. Barkman in Texas, the Cherokee Nation, the Northern District of Texas, and the District of Colorado (United States Court of Appeals 10th and 5th Circuit).