If you have an unfaithful spouse and you’re tempted to take him or her to the cleaners, your feelings are normal. However, you’ll won’t be able to get your wish. In most states, including Pennsylvania, martial misconduct, such as an extramarital affair doesn’t typically entitle the innocent spouse to more of the marital estate.
Even in the case of adultery, a married couple’s money and property is still divided according to Pennsylvania’s equitable distribution laws as usual, so, if your spouse cheats, don’t assume you can use your divorce as a backup insurance policy.
Can Cheating Impact a Pennsylvania Divorce?
Each state handles infidelity differently. In some states, such as California, cheating doesn’t usually impact any part of the divorce process, including spousal support (alimony). Then again, some other states frown heavily on cheating and it can impact spousal support awards.
In Pennsylvania, if a lower-earning spouse commits adultery and the affair leads to the divorce, the cheating spouse is not entitled to receive spousal support, but that doesn’t mean it will be easy to achieve this. The innocent spouse will need to prove that it happened, that the cheating caused the divorce, and he or she must have NOT committed adultery at any point.
If you suspect that your spouse cheated on you and they are seeking spousal support, you’ll need to prove adultery to the court with convincing evidence, such as:
- Hotel receipts
- Racy text messages
- Phone records
Do You Want a No-Fault Divorce?
Proving adultery takes work and it means you can’t have a cheap, no-fault divorce. If your spouse cheated and you’re considering your legal options (a fault vs. a no-fault divorce), we urge you to contact Cairns Law Offices to weigh the advantages and disadvantages of proving adultery in your divorce case. Call today to get your questions answered!