Emotions can run high during a divorce, often spilling over into every part of the process. If cheating was a factor in your marriage ending, those emotions can feel even heavier. If you’re getting a divorce, you may wonder how adultery affects divorce and, more specifically, your financial outcomes, like spousal support, which Missouri calls maintenance. A Columbia alimony lawyer from Stange Law Firm, PC, can help you understand spousal support.
Adultery does not control who gets alimony and how much in Missouri. However, cheating can matter in certain circumstances. Learning more about how the Missouri courts view adultery during a divorce can help you manage expectations and avoid surprises.
How Does Alimony Work in Missouri?
The marriage rate in the United States was 14.9 per 1,000 women over the age of 15, according to the Centers for Disease Control and Prevention. The divorce rate was 6.9. Both the marriage and divorce rates decreased in the last 10 years.
The goal of Missouri alimony law is not to punish, but to try to help both spouses stand on their own two feet. In many cases, divorce lays bare the financial inequities between spouses. In some marriages, one spouse makes substantially more money, or has a far greater ability to earn, or simply has more financial resources overall.
The Missouri maintenance system aims to address these imbalances. The idea is to ensure that both spouses can address their reasonable needs, even if one spouse has significantly fewer financial resources than the other. Before a judge even considers ordering maintenance in a Missouri divorce, the requesting spouse must establish two threshold findings:
- The requesting spouse does not have sufficient property, including marital property apportioned to that spouse, to provide for that spouse’s reasonable needs.
- The requesting spouse is unable to support themselves through appropriate employment, or is the custodian of a child whose circumstances make it appropriate that the custodian not seek outside employment.
If both of those conditions are met, the court then considers a list of additional factors to determine if maintenance is appropriate, and if so, how much, and for how long.
Missouri Is a No-Fault State
Missouri is a no-fault divorce state. That means that you do not have to prove adultery or other forms of marital misconduct to get a divorce. Instead, the standard for Missouri divorce is that the marriage is irretrievably broken, which essentially means that there is no reasonable chance of reconciliation.
In recent years, the Missouri legislature took the further step of abolishing fault-based divorce, so you do not need to file under no-fault or state a reason for the divorce at all. Cheating does not dictate whether you can get a divorce. The courts prefer not to become bogged down in the messy business of assigning blame for the end of a marriage. The focus of a Missouri divorce is on efficiently and equitably resolving the practical legal and financial matters between spouses.
Does Cheating Affect Alimony in Missouri?
Cheating or adultery does not automatically disqualify someone from receiving maintenance. It also does not automatically trigger a larger or smaller award of maintenance. Missouri courts are generally focused on financial need and ability to pay. Adultery becomes significant when it produces financial repercussions.
For instance, if a spouse spent significant marital resources on an affair, like money on a trip, gifts, or a place to stay, the court could consider that behavior when determining maintenance and property division. In these cases, adultery is relevant to the maintenance decision not because of emotional infidelity, but because of its financial impact on the marital estate.
When Adultery Is Likely to Have an Impact
There are certain circumstances in which cheating is more likely to be a factor in a Missouri maintenance decision, including:
- The affair resulted in a significant loss of financial resources for the household.
- One spouse used marital money to fund the affair.
- A spouse abandoned their financial responsibilities in favor of an affair.
- The affair or other misconduct directly harmed the other spouse’s financial situation.
In these types of cases, the court might view adultery as one piece of the overall financial picture, rather than as a reason to punish a spouse for misbehavior.
About Stange Law Firm, PC
At Stange Law Firm, PC, we focus exclusively on divorce, family law, and domestic matters. We’ve been serving clients since 2007. We understand that your divorce, custody, support, and maintenance matters are deeply personal, and we take the time to get to know you and your situation. Our team delivers empathetic guidance combined with clear communication and dedicated advocacy throughout your entire process.
FAQs
Q: Does Cheating Automatically Disqualify a Spouse From Receiving Alimony?
A: The state of Missouri does not automatically bar maintenance based on a finding of adultery. Adultery is not grounds for a denial of maintenance. The primary factors the court considers are need and ability to pay. Marital fault is one factor the judge may consider, and it is not the sole factor.
Q: Does Cheating Affect Child Support or Child Custody in Missouri?
A: Typically, no, cheating does not affect child support or custody. Child support and custody are determined based on the best interests of the child, regardless of marital fault. However, if a parent’s adulterous conduct endangered a child or interfered with a parent’s ability to care for a child, the conduct could be considered in a custody or parenting time determination.
Q: Can Cheating Affect How Long Alimony Lasts?
A: Cheating does not directly influence how long alimony lasts, but it can do so indirectly. Duration of maintenance is calculated upon factors including length of marriage, earning capacity, and need. If financial injury or instability was incurred by adultery, it can be a consideration, among others. However, it rarely, if ever, affects the duration of maintenance as a stand-alone issue.
Q: How Can a Lawyer Help if Infidelity Was an Issue in My Marriage?
A: A family law attorney can advise you about how adultery will be treated in your individual case and make sure that your financial rights are respected. Although adultery may not be the deciding factor, cheating can make an emotional and financial divorce even more difficult. They can also point out additional ways that the infidelity affected you that may be recovered in a divorce.
Contact Stange Law Firm, PC
Infidelity is not only an emotional issue in divorce. It can lead to financial setbacks as well. At Stange Law Firm, we can help you fight for your rights if infidelity played a part in losses in your marriage. Contact us today for more information.
