Spousal support, sometimes referred to as alimony, is financial assistance provided by one spouse to the other following a separation or divorce. Absent a prenuptial agreement, it’s often one of the most hard-fought issues in a divorce because it’s not at all unusual for one spouse to feel entitled to more than the other spouse feels like they should have to give.
This may be particularly true when one of the spouses has committed adultery. If a paying spouse is guilty of an extramarital affair, will the court automatically punish them financially for their indiscretion? If a dependent spouse had the affair, would the court eliminate their alimony?
Support won’t be ordered unless it’s needed
Under Pennsylvania’s laws, alimony is not automatic, whether adultery is involved or not. The court is only supposed to award alimony when it feels that the support is necessary. That means that the court has to consider both the standard of living the couple enjoyed before their split, each spouse’s separate income and resources, and what resources each party stands to receive once the marital property is divided. If a dependent spouse isn’t self-sufficient at the time of the divorce, alimony may be awarded for either a definite or indefinite time.
Marital misconduct is one factor that will be considered
Alimony is one factor that the court will examine when deciding if alimony is necessary, how much it should be, and how long it will last. Adultery, if it occurs before the couple’s separation, would fall under the umbrella term of “marital misconduct,” and it could make a court sympathetic to the plight of the aggrieved or innocent spouse, whether that’s the one expected to pay or receive support. However, it’s important to recognize that mutual acts of adultery or a long-ago act of adultery are less likely to influence the court than adultery that directly led to the divorce.
What’s the bottom line?
In Pennsylvania, adultery can indeed affect spousal support, but its impact is far from absolute. The outcome of a divorce and spousal support case will depend on various factors, and the court’s discretion will play a significant role in determining how adultery is considered in the event of a litigated case. If you find yourself in such a situation, it’s wise to get legal guidance that’s tailored to the unique circumstances of your case.