Adultery in Connecticut - Does Cheating Affect Alimony?

When divorces end, it can be for a number of different reasons. Unfortunately, spouses will occasionally cheat on each other. Adultery is often a symptom of a failed marriage, and so it is no surprise that infidelity can eventually result in divorce.

As many spouses know, cheating often has consequences. Aside from the effect of cheating on the marriage itself, cheating may affect the divorce process and any alimony awards received by the spouses. Each state varies on how exactly adultery will affect an alimony award, and so this article is intended to clarify that issue for the state of Connecticut.

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The Nature of Divorce in Connecticut

Before discussing whether adultery or cheating would affect an award of alimony or spousal support, the nature of divorce in Connecticut must be examined. Connecticut law allows spouses to seek a divorce for any one of ten reasons. Eight of those reasons (also known as divorce grounds)allow divorce based on the fault or misconduct of either spouse, such as adultery.¹

About Connecticut Alimony Rules

During the divorce process, either spouse can request an award of alimony from the court. Because of the flexible nature of alimony, courts can award it in any appropriate amount and for any fair duration of time. Alimony is a discretionary remedy, which means that the judge presiding over your divorce has leeway to order alimony based on the circumstances of each case.

That said, the court’s award of alimony cannot be arbitrary, and so Connecticut law requires courts to examine several different factors when awarding alimony. Connecticut courts can order an amount of alimony for a set duration based on these factors:²

• The length of the marriage;
• The cause of the divorce;
• The age and health of the spouses;
• Each spouses’ relative earning capacity;
• Any education held by either spouse; and
• The amount of property held by each of the spouses.

The Effect of Adultery and Other For-Cause Grounds for Divorce on Alimony

As described above, Connecticut law explicitly allows Connecticut divorce courts to consider the cause of the divorce when crafting any alimony award. Connecticut courts have long considered adultery and cheating as reasons why divorces occur, and therefore, the infidelity of one or both spouses can affect an award of alimony.³

The Verdict:

Spouses who cheat intuitively know that their cheating can have consequences. In Connecticut, one of those consequences can be a shift in the amount of alimony that the court will award. If the cheating spouse is ordered to pay alimony, the amount can be increased because of his or her infidelity. Similarly, if the spouse who was cheated on is ordered to pay alimony, then the alimony award will be decreased because of the adultery that occurred.

If your spouse has been cheating on you and you plan to sue for divorce, you should consider contacting a local divorce attorney for assistance. Divorces involving adultery claims tend to be very messy lawsuits and will be very difficult to litigate on your own. Your rights can be best protected by proactively protecting your ability to succeed in your divorce litigation.

Note: This article is not legal advice. Please consult a lawyer for your specific situation.

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