If your partner has engaged in extramarital affairs, it’s not surprising that you’d want to understand how this may affect the financial outcome of your separation. A common question asked of divorce lawyers in Sydney practitioners encounter is whether adultery impacts property division or spousal maintenance.
In this post, our lawyers answer the commonly asked question: “How much am I entitled to in a divorce if my partner cheated on me?”
How Much Am I Entitled to in a Divorce If My Partner Cheated on Me?
To answer this question, it’s helpful to start with a brief history of divorce proceedings in Australia.
Before 1975, marriages were considered legal contracts. As a result, courts would only grant divorces if one party was found to be at fault for breaking the marriage contract. Common grounds included drunkenness, insanity, and adultery.
In fact, if couples had simply grown apart, there are reports that some would even “stage” examples of cheating to be granted a divorce.
Divorce Proceedings in Australia After 1975
All of this changed with the introduction of the no-fault divorce system and the Family Court in 1975.
From that point on, no evidence of wrongdoing was required for a divorce to be granted. For nearly 50 years, the only legal ground for divorce has been the irretrievable breakdown of marriage, which must be proven by a separation period of at least 12 months.
What Does Cheating Mean for Divorce Proceedings Today?
Discovering that your partner has been unfaithful can be devastating, and many people understandably hope that adultery will affect property division or spousal maintenance.
However, in most cases, adultery does not significantly impact how assets are divided or whether spousal maintenance is paid.
The main exception is where the court finds that, during the affair, one party recklessly or negligently wasted matrimonial assets.
What Actually Affects Your Financial Entitlements After Divorce?
When assessing spousal maintenance, the court balances the needs of the person applying with the other party’s capacity to pay.
The court will consider factors such as:
- Your age
- Your state of health
- Your income, investments, and financial resources
- What is considered a suitable and fair standard of living
- Whether the marriage affected your ability to earn an income
Frequently Asked Questions About Divorce Entitlements and Cheating
Our lawyers regularly receive questions about financial entitlements during divorce, particularly when infidelity is involved.
Some of the most common questions include:
- Does cheating affect child custody arrangements?
- What conduct might the court consider as reckless or negligent wastage of matrimonial assets?
- Do the same property settlement rules apply to de facto relationships?
New South Lawyers’ communications are intended to provide commentary and general information only. They should not be relied upon as legal advice. Formal legal advice should be sought for matters arising from this communication.
Speak With a Family Law Lawyer Today
To find out more, chat with a member of New South Lawyers’ Family Law Team today.