Does an Affair Matter in Divorce?~ 2 min read

In Missouri, you don’t need to prove who was at fault to get divorced. If you or your spouse had an affair that led to the divorce that fact is may not be significant. However, that misconduct can influence property division, financial decisions, and even support, in particular, if marital money was spent on the affair. While the courts focus on fairness, the emotional impact of an affair often makes divorce more challenging, making Mediation or Collaborative Divorce more helpful in reaching a settlement.

No-Fault Divorce in Missouri

Missouri is a no-fault divorce state. This means you do not need to show who was at fault to end your marriage. You simply have to state that the relationship cannot be saved. While an affair may feel like the central reason for your divorce, the law does not require you to prove it in order to file.

The Emotional Side of an Affair

Even if the court does not weigh an affair heavily, the emotional fallout is significant. Broken trust often makes it hard to communicate or make decisions together. Choosing options like Collaborative Divorce or Mediation can help you handle these issues in a private setting, where you and your spouse can still work toward fair solutions for property and parenting without adding more conflict to an already difficult situation.

When an Affair Can Affect Property Division

Although an affair does not prevent you from getting divorced, it can still play a role in dividing property. Courts can consider marital misconduct when deciding who gets what, and some Court’s may place more weight on misconduct than others. The Court has discretion to award an unequal division of property if they believe the misconduct was bad enough. If your spouse spent marital money on the affair, such as trips, gifts, or hotel stays, the judge may award you a greater share of property or require your spouse to reimburse what was spent.

Impact on Health and Financial Issues

An affair can sometimes affect more than emotions. If marital money was spent on the relationship, such as gifts or travel, a judge may require repayment or may award you a larger share of property. Health concerns can also play a role. For example, if an affair resulted in a sexually transmitted disease, the court could consider that in deciding support or dividing property. While not every case involves these factors, when they do arise, they can have an impact on the outcome.

Contact Family Ally

If you are facing divorce and concerned about how an affair may affect your case, Family Ally can guide you through the process with knowledge and compassion. Contact Jennifer Piper today at 314-449-9800 to schedule a consultation.

Family Ally is located at 130 S. Bemiston Ave., Suite 608, St. Louis, MO 63105.