Many clients ask me “Does it matter if my spouse had an affair?” Of course, your spouse’s affair certainly effects you emotionally, the answer as it relates to your divorce is more complicated.

In general terms, the judge does not want to get involved with the intimate affairs of you and your spouse. Although, the judge may not condone a sexual affair, they do not necessarily view that as a factor that will affect their determination of your divorce. In addition, with the advent of no-fault divorce, your divorce can be granted without finding fault (whether it is an affair or something else).

However, there are at least two situations where your spouse’s affair can matter to your divorce.

First, if your spouse was spending marital funds on his/her paramour, then that is considered “wasting marital assets.” In order to compensate you for those lost funds, you may be able to obtain more money in maintenance (alimony) or a better percentage in the distribution of the marital assets.

Second, if you had a pre-nuptial agreement which stated that if either party had an affair that there would be certain financial consequences, then that clause would be available to you.
Therefore, in certain situations, your spouse’s affair can matter in the ultimate determination of maintenance (alimony) and asset distribution.

If you are contemplating divorce and need an attorney who can help you contact David Badanes and the Badanes Law Office. David Badanes and the Badanes Law Office has helped countless individuals in obtaining a divorce. Call David Badanes and the Badanes Law Office today at 631-239-1702, email me at or visit our web site: