Marriage isn’t always a piece of cake. There are probably going to be some ups and downs. Some issues you can work through and even come out stronger as a couple.
However, some marital challenges are simply too big to overcome. A great example is when a spouse decides an extramarital affair seems like a good idea. Most marriages don’t survive this type of betrayal.
Did you know infidelity can potentially impact your divorce? You can run into some potential penalties for extramarital affairs in a CT divorce. So, if you’re thinking about straying from your marriage, the repercussions may be larger than you think.
Connecticut and Extramarital Affairs
Some states could care less if one spouse is sleeping around. All you may hear is congratulations for leaving your cheating spouse. Things are a little different in Connecticut. While your spouse isn’t going to jail for cheating, they may not be getting off exactly scot-free.
Connecticut can use infidelity as a valid reason for reducing a spouse’s potential alimony. Did you know that Connecticut has such a dim view of infidelity the state prevented cheating spouses from receiving alimony? As the scorned spouse, this probably sounds fair. Unfortunately or not, depending on your circumstances, state law has changed. Cheating spouses can receive alimony, just usually not as much as they apply to receive.
What Can Affect Alimony Amounts in Connecticut
You can’t refer to a handy website or even a printed guide. Connecticut doesn’t exactly have a formula for figuring out alimony amounts if a spouse decides to stray. Instead, the judge will look at several factors.
Primarily, the judge is going to look for reasons your spouse decided to engage in an extramarital affair. This usually includes the length of your marriage and each spouse’s overall health. Your age and state of employment can be other factors. No, the judge isn’t looking for reasons to excuse the affair. The court only wants to have a better understanding of your marriage’s state when the affair occurred.
How often your spouse has affairs is another consideration, along with how long they last. For example, a short affair that’s over almost as soon as it starts may not impact the divorce as much as a long-term infidelity.
Your Chances of Seeing Your Spouse Impacted By the Affair
Just the thought of having any potential alimony payments reduced can make you feel a little bit better about the affair. However, don’t get your hopes up. The court doesn’t always factor in any infidelity. Actually, most divorces aren’t impacted by an extramarital affair. Sure, this can be a little depressing but don’t let it hold up finalizing your divorce.
Usually, alimony or any other type of financial award in a divorce is only impacted when the extramarital affair is considered especially egregious. We understand any type of infidelity can be considered egregious if you’re the wronged spouse. The court looks at things a little differently. The law views egregious as when the offending spouse starts using marital assets to fund their affair.
To compensate you for the loss of your marital assets during the affair, you may receive more in alimony, asset division, or even both.
How To Prove Infidelity in a Connecticut Divorce
You can’t wander into the courtroom and claim your spouse is cheating on you during your marriage. Just imagine how many divorcing couples would use this as leverage. You’re going to need to prove the affair occurred. Don’t forget about timing. There’s a right time to accuse your spouse of infidelity.
You must file the complaint before the judge rules on your divorce. In other words, once your divorce is finalized, you can’t refile for additional damages. This even applies if you learn of your spouse’s infidelity a few weeks after finalizing the divorce. Even filing an appeal isn’t going to get you very far. All you’re doing is wasting money on legal fees.
Proving marital infidelity isn’t something you can usually do on your own. An exception may be if you snap a picture of the cheating couple in bed. However, hopefully, this is a situation you never find yourself in. A better option is working with a CT divorce attorney.
Your attorney has access to resources like investigators who can ferret out the necessary proof. Trust us, this way is safer and more effective than turning yourself into an amateur PI.
What Does Equal Distribution Mean For My Divorce Case?
This is something that may pop up in your divorce, especially if your spouse decides to have an affair. Unlike most other states, Connecticut is an equal distribution state. This means, pretty much everything you share/own with your spouse is on the table.
Fault can also come into play during asset division. Yep, this is definitely when you want to pay attention. If you can show your spouse wronged you during their affair, there’s a chance you can walk away with more in the divorce. However, once again, don’t hold your breath. There’s no guarantee the judge will see things your way.
Don’t forget, Connecticut gives judges the freedom to divide assets pretty much however they see fit. Sure, this can work in your favor. It can also mean everything is split evenly regardless of who had an affair.
Can the Adulterous Spouse File for Divorce?
Anyone can file for divorce in Connecticut, even the spouse committing adultery. If you’re wondering if your spouse’s filing first impacts your claim, the answer’s a soft yes. You’re now the defendant in the divorce. Other than that, there’s not much of a difference.
You get to skip paying the filing fees, you only need to respond to the court summons. From there, you can list your grievances including your spouse’s affair.
Simplifying the Connecticut Divorce Process
The combination of learning your spouse is cheating and filing for divorce can leave you reeling. You’re not sure what the next steps are. Your first step should be contacting an experienced Connecticut divorce attorney. They can help ensure you receive a fair settlement in your divorce.