Does Adultery Affect Alimony?
The impact of adultery on alimony varies dramatically by state — from no effect at all to a complete bar on receiving support. Select your state to see the financial impact and understand your state's specific rules.
The Three Categories of Adultery Impact
States fall into three broad categories regarding how adultery affects alimony:
No Impact (17 states): Pure no-fault states including California, Colorado, Florida (post-2023 reform), Hawaii, Indiana, Iowa, Kansas, Kentucky, Michigan, Minnesota, Missouri, Montana, Nebraska, Nevada, Ohio, Oregon, Washington, and Wisconsin. In these states, courts do not consider adultery — alimony is determined solely by financial factors such as income, need, and ability to pay.
One Factor Among Many (20+ states): States including Connecticut, Delaware, Illinois, Massachusetts, Maryland, New Hampshire, New Jersey, New York, Oklahoma, Pennsylvania, Rhode Island, Tennessee, Texas, Utah, Vermont, West Virginia, and Wyoming. Courts may consider adultery alongside many other factors, but it rarely determines the outcome on its own. The typical impact is a 10-20% adjustment.
Bars or Significantly Reduces (6 states): Alabama (can bar), Georgia (bars if adultery caused divorce), Mississippi (complete bar), North Carolina (bars dependent spouse, requires from supporting spouse), South Carolina (complete bar), and Virginia (presumptive bar). In these states, adultery can eliminate or dramatically reduce alimony.
How Courts Actually Weigh Adultery
Even in states where adultery is a factor, its practical impact is often smaller than people expect. Courts focus primarily on financial need and ability to pay. A judge in a "one factor" state might acknowledge adultery but still award substantial alimony if the financial need is clear. The trend in family law over the past 30 years has been toward reducing the relevance of fault, with several states recently removing adultery from their alimony statutes.
Economic Misconduct vs. Marital Misconduct
Courts draw an important distinction between marital misconduct (adultery, emotional cruelty) and economic misconduct (hiding assets, dissipating marital funds). Even in pure no-fault states like California, a spouse who spent significant marital funds on an affair partner may face consequences — not for the adultery itself, but for the financial waste. This is called "dissipation of marital assets" and can result in the offending spouse receiving a smaller share of property division.
Dissipation of Assets
If a spouse spent marital funds on an affair — gifts, travel, hotel rooms, an apartment — this can be claimed as dissipation regardless of whether the state considers adultery for alimony purposes. The innocent spouse can request that the dissipated amount be credited back to them in the property division. Courts typically look at spending during the period when the marriage was "irretrievably broken." Documentation is critical: credit card statements, bank records, and forensic accounting may be needed.
What Evidence Is Needed
In states where adultery affects alimony, the burden of proof varies. Some states require "clear and convincing evidence," while others use the lower "preponderance of evidence" standard. Evidence can include: text messages, emails, social media posts, photographs, hotel records, testimony from witnesses, and private investigator reports. In states with a "complete bar" (like South Carolina), the evidentiary requirements are typically higher because the consequences are more severe.
Frequently Asked Questions
Does cheating affect alimony?
It depends on your state. In 17 pure no-fault states, adultery has zero impact on alimony. In about 20 states, adultery is one factor among many — it may reduce or increase an award but rarely determines the outcome alone. In 6 states (AL, GA, MS, NC, SC, VA), adultery can bar or dramatically reduce alimony. The trend in family law is toward reducing the relevance of adultery, but if you are in a fault-matters state, the impact can be significant.
Can adultery bar alimony completely?
Yes, in several states. South Carolina and Mississippi treat adultery as a complete statutory bar. Georgia can bar alimony if adultery was the cause of the divorce. North Carolina bars alimony for an adulterous dependent spouse. Virginia creates a presumptive bar that is very difficult to overcome. Alabama gives judges discretion to bar alimony based on adultery. In these states, proving adultery can eliminate the other spouse's alimony claim entirely.
What states consider adultery in alimony?
About 25-30 states consider adultery to some degree. The "one factor" states include CT, DE, IL, MA, MD, NH, NJ, NY, OK, PA, RI, TN, TX, UT, VT, WV, and WY. The "bars or reduces" states include AL, GA, MS, NC, SC, and VA. The remaining 17 states — CA, CO, FL, HI, IA, IN, KS, KY, MI, MN, MO, MT, NE, NV, OH, OR, WA, and WI — are pure no-fault and do not consider adultery in alimony at all.