If you have been unfaithful in your marriage and are now getting a divorce, you might be wondering if your actions will have repercussions in terms of your divorce settlement. In many states, infidelity has no bearing on issues like spousal support or asset division, but in Connecticut, it is possible for adultery to have an impact on the outcome of a couple’s divorce.
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Connecticut courts have a flexible approach toward how they treat adultery. If you were unfaithful, a judge can consider this fact when making a decision about alimony. You are, essentially, at the mercy of a judge’s discretion. However, infidelity is not the only thing a judge will consider when making this important decision. He or she will also consider:
- The duration of the marriage
- The reason for the divorce
- Age, health, station, occupation, earning capacity and sources of income, education, employability, estate, and the needs of each spouse
- Any award of real property the court will make as part of the final divorce order
- If a parent has been awarded custody of minor children, a judge will also consider the desire and feasibility of that parent securing employment
For a judge to consider adultery when deciding alimony issues, the other spouse must provide some evidence that it occurred. Evidence of adultery will not be considered if a spouse wants to introduce it post-decree, or after the divorce is finalized, to modify an alimony order.
The court will also consider adultery when dividing assets. For example, if the unfaithful spouse used marital assets to support an extra-marital affair, this might be considered wasteful dissipation of assets and can result in the unfaithful spouse receiving a smaller share of marital assets.
Divorce Attorney in Hamden & New Haven
Deciding to move forward with a divorce is a difficult and emotional experience, regardless of the reasons. If you were unfaithful to your spouse and are now in the midst of a divorce, you need to do what you can to protect your interests. At Goldblatt, Marquette & Rashba, PC, we are prepared to stand by your side throughout your divorce, and help you navigate the process. No matter how long your case takes, our team is committed to representing your best interests.
Contact our office today at (203) 687-4050 to schedule a consultation with one of our Hamden divorce attorneys.