The effects of infidelity on the results of a divorce.....
Infidelity can cause long term mental and emotional consequences in both the victim spouse and the children of the marriage. Cheating in a marriage (AKA infidelity or adultery) is more common than one might think in the U.S. Although Missouri is a no fault state and wrongdoing is not required to get a divorce, infidelity may occasionally impact property division, child custody, child support or alimony. However, the effects are typically minimal in most instances. It’s important to work with a Cass County divorce attorney who is experienced in dealing with divorces involving allegations of infidelity.
Infidelity can wreak havoc on the emotional well being of the victim spouse as well as the children and family in general. Researchers have found that infidelity not only adds significant stress to life, it also increases the likelihood of anxiety and depression. If you are the victim of cheating, either physical or emotional, it will likely take a long time to heal, and you may always have a more difficult time trusting people than you did previously. One study found that the children of marriages with infidelity may have their own trust issues when it comes to their relationships, especially romantic relationships.
Most studies find that between 17-30% of participants have admitted to infidelity within a relationship, with men having a slightly higher rate of cheating. The frequency of infidelity in the U.S. increases with age with women in their 60s and men in their 70s having the highest rates. Understandably, without solid role models, adults who grew up without two stable parents living together were more likely to cheat. Interestingly, the rate of infidelity increased during the Covid pandemic, likely due to stress and the persistent confinement of partners together in one home.
Missouri is a no-fault state when it comes to divorce, meaning there doesn’t need to be any sort of misconduct in order to proceed with a Missouri divorce. All that is required in a Missouri divorce is that one party allege the marriage is irretrievably broken with no reasonable likelihood of a reconciliation. The intent of Missouri’s no-fault divorce policy is it allows an opportunity for individuals to leave unhealthy or unfulfilling marriages without introducing awful allegations regarding their spouses.
How does cheating affect property division?
Missouri’s law when it comes to property division is equitable distribution. This means the couple’s assets and liabilities will be divided equitably “fairly”, but not necessarily equally. In most cases a simple affair in and of itself, will not significantly affect the way a court divides marital assets. There are exceptions however.
If marital funds were used to finance the affair such as paying for gifts or hotel rooms, then the cheating may come into consideration when the marital property is divided. Other relevant situations could be when the wrongdoing spouse spends significant amounts of money on dating websites such as Tinder, Eharmony, OkCupid, Bumble or Hinge. Additionally, some judges may compensate the victim spouse for their emotional stress caused by the infidelity, by awarding additional assets to this party. Overall, the effect of infidelity on asset distribution in a Missouri divorce is not significant, however the outcomes will vary on a case by case and judge by judge basis
How does cheating affect child custody?
Missouri courts make child custody determinations based on what is in the best interests of the child. Missouri law recognizes two types of child custody, legal custody and physical custody. Legal custody refers to the decision making regarding a child’s rearing, while physical custody refers to which parent the child resides with. In Missouri, there is a presumption that 50/50 joint legal and joint physical custody is in the best interests of the child. However, other factors may influence a court’s child custody determination, including: the parents’ wishes, the child’s needs, each parent’s ability and willingness to effectively parent, the mental and physical health of all parties, the child’s relationship with each parent, relocation issues and with older children the child’s wishes.
As with property division in Missouri divorces, child custody rulings are generally not affected much by infidelity. However, there are some exceptions. If the court finds that the act of infidelity itself negatively affected the child’s wellbeing, then the issue could become relevant. For example if the affair affects one parent’s parental fitness or makes them a poor parent, then child custody could be affected. This could include improperly leaving a child alone to continue the affair, or somehow involving the child in the extramarital activity such as letting the child meet the other person. Remember, courts decide child custody based on what is in the best interests of the child, so if the cheating affects the best interests of the child it could become relevant.
How does cheating affect child support?
Infidelity in a marriage in Missouri does not directly affect the amount of child support one parent will be ordered to pay to the other parent in Missouri. However, infidelity can in rare situations affect the amount of time a parent is allowed to spend with their child. In Missouri, child support is calculated based on each parent’s income, the child’s needs and the amount of overnights each parent spends with the child. So if infidelity affects the number of overnights a child has with a paying parent, the amount of child support owed could certainly be affected.
How does cheating affect alimony?
Maintenance “alimony” may be awarded in a Missouri divorce case when there are significant financial discrepancies between the parties causing one party to be unable to satisfy their financial obligations post-divorce. The primary factors Missouri courts use to determine if, how long, and how much maintenance should be awarded include: the income of both parties, the time it will take the payee spouse to acquire the skills to support themselves, the length of the marriage, the spouses ages and any medical or mental conditions which affect their ability to support themselves, and each spouses ability to support themselves and meet their own needs.
In Missouri, infidelity or cheating rarely has an effect on the award of maintenance in a divorce case. Similarly to property division, infidelity in a marriage can be significant if sizable amounts of money were paid to finance the affair. This means that unless the infidelity had a significant impact on the marital finances, a judge will usually not consider it when ordering maintenance.
Marital infidelity is relatively common amongst middle aged Americans and can result in significant emotional trauma for the victim spouse as well as the children of the marriage. In certain situations where marital assets were used to finance the cheating, the infidelity may impact property division, child custody, child support and alimony in a Missouri divorce. If you need help with a divorce in Cass County involving infidelity by either party contact the Men’s Center for Domestic Resolution at 816-287-1530 for a consultation.
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