Has an extramarital affair led to the end of your marriage? I’m Matt Dolan with Dolan Divorce Lawyers. As the largest divorce and family law firm in Connecticut, our team has handled countless cases where infidelity plays a role in the transition from marriage to divorce.
Many people believe that because Connecticut is a “no-fault” state, an affair doesn’t matter in the eyes of the law. The reality is more complex. Here is how adultery and affairs can impact Connecticut divorces and the final terms of your divorce judgment.
First, it is important to understand that the existence of an affair has no impact on whether or not you can get a divorce. Connecticut is a no-fault state, meaning you can file for divorce for any reason. You do not need to prove an affair or any extreme incident; you can simply cite an “irretrievable breakdown,” which means the marriage is no longer working, and you wish to end it.
While this is a no-fault state, the cause of the breakdown of the marriage is still a factor the court must consider when dividing assets and debts. Serious infidelity—especially when it involves the “dissipation of assets”—can change how the remaining marital property is distributed in a Connecticut divorce. If a spouse spent significant money on an affair (hotels, travel, dining, or gifts), a judge may weigh the remaining assets in favor of the non-offending spouse.
Key takeaway: Even without “inappropriate spending,” the mere fact that an affair caused the marriage to fail can lead to an unequal distribution. I have seen cases where repeated adultery led the court to award 60% to 70% of the remaining assets to the innocent spouse.
Adultery can also influence alimony (spousal support) in a Connecticut divorce. Because the cause of the breakdown is a statutory factor, an affair can shift the financial scales:
However, an affair is just one of many factors, including age, health, length of the marriage, and earning capacity. It impacts the conversation, but it doesn’t always dictate the final number.
One of the most common questions my clients ask is whether an affair will impact child custody. In Connecticut, custody decisions are based strictly on the “best interests of the child.” Generally speaking, an affair is not a primary factor in this determination during a Connecticut divorce.
Unless it can be proven that the affair or the cheating spouse’s behavior negatively impacts the child’s well-being, the court is unlikely to let infidelity influence the parenting plan.
It is vital to remember that judges are human. Results in a courtroom can be unpredictable; one judge may feel strongly about financial punishment for an affair or adultery in a Connecticut divorce, while another may ignore it entirely.
Because of this uncertainty, we often recommend trying to settle your case before it reaches a trial. Settling saves you time, money, and the significant emotional toll of a public trial.
If you have questions about how adultery and affairs impact your Connecticut divorce, we are here to help. As the largest family law firm in the state, Dolan Divorce Lawyers has the experience and resources to protect your interests. Contact our office today to schedule a consultation.
N/a
