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How Can Financial Outcomes Be Affected?
Financial outcomes can be affected by a spouse's affair if:
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Your spouse spent money on the affair. If your spouse is spending money on the affair, for travel, gifts, dining, an
apartment, and so on, half of that money will typically be awarded to you "off the top" in the property settlement. It
is your job to uncover and document those expenses. You do this by looking at the credit card
statements and the checkbook. Your phone records might reveal phone calls to travel agencies
or hotels, which might lead to further expenses. (You can use
a
reverse telephone directory
to track this down.)
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Your state considers conduct. A couple of states, including Florida, do allow judges to consider marital
misconduct in making their alimony awards.
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Your spouse is sensitive. If your spouse is concerned about what might be revealed in a trial,
this becomes leverage you can use to press for a more generous settlement in your negotiations.
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Your spouse is guilty. If you spouse feels guilty about the affair, you might be able to
negotiate a more favorable settlement than you would otherwise negotiate. Many lawyers, however,
urge their clients who have had affairs
not
to let their feelings of guilt play a role in the
financial negotiations. Therapists argue that, sometimes, an affair is actually the desperate
reaction of a spouse who has been the victim in the relationship. So it is not always clear that
the spouse who had the affair is in fact more "morally at fault" than the "faithful" spouse.
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Disclaimer: We are not giving legal advice. No warranties. We disclaim all legal liability. More...
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