When you and your spouse say “I do,” you may be ecstatic to spend the rest of your lives together. However, when you discover that your spouse has been unfaithful, this can turn your world upside down. If you make the decision to leave your spouse, you may wonder if their cheating will impact the outcome of your divorce in terms of alimony. The following blog explores these circumstances in further detail and explores the importance of discussing your legal options with experienced St. Louis alimony lawyers who can help you fight for the best possible outcome during this difficult time.
How Is Alimony Determined in Missouri?
If you are going through a divorce, you may believe that the lower-earning spouse in the relationship will automatically receive alimony during the divorce. However, it’s important to understand that this is far from the truth. In reality, you’ll find that alimony must be requested, and the judge assigned to the case will examine several factors to determine whether or not alimony should be awarded. These factors include, but are by no means limited to, the following:
- The standard of living established during the marriage
- The age and health of each spouse
- The income generated by each spouse
- If one spouse sacrificed their career to support the other or became a stay-at-home parent
- If one spouse sacrificed their career, the cost of education to re-enter the workforce (if necessary)
- The current state of the job market
- The distribution of marital assets during the divorce
Will Cheating Impact the Outcome of My Alimony Payments?
First and foremost, it’s important to understand that Missouri accepts both at-fault and no-fault divorces. However, if you choose to file on fault grounds, you should note that it can be a long, arduous process because you need to convince the court of your spouse’s wrongdoing.
If your spouse has cheated on you, it’s important to understand whether or not your alimony payments will be impacted. In general, however, your spouse’s adultery will not impact the outcome of your alimony payments. Typically, spousal support is not intended as a punishment for the spouse who is in the wrong, but rather as a means of supporting a spouse.
In some instances, you’ll find that cheating can impact some aspects of your divorce. For example, if your spouse used marital assets to pay for their affair, you’ll find that the judge may award you higher alimony payments as compensation for their misuse of assets.
As you can see, there are many factors that must be taken into consideration if your spouse’s affair has led to your divorce. Unfortunately, this is an incredibly emotional matter for many, and factoring in the legal complexities of this process can make getting a divorce overwhelming. At Stobie Family Law Group, our dedicated legal team will do everything possible to assist you during these difficult times to fight for the best possible outcome for your circumstances. Contact us today to learn more.
