Does My Spouse’s Affair Impact Alimony Payments?

You found out your spouse was unfaithful. Beyond the hurt and betrayal, a pressing question surfaces: will this affair actually affect the financial side of the divorce?

It’s a fair question, and one we hear often from clients in Chattanooga and across Tennessee. Whether you’re the spouse who was cheated on or the one facing allegations, the role adultery plays in alimony decisions is more nuanced than most people realize.

Here’s what you need to know about how Tennessee courts handle infidelity when it comes to spousal support.

Adultery Is a Legal Ground for Divorce in Tennessee

Tennessee allows both fault-based and no-fault divorce. Under Tenn. Code Ann. § 36-4-101, adultery is one of several fault-based grounds that can be used to file for divorce. If you can prove that your spouse had a voluntary sexual relationship with someone outside your marriage, you have grounds to file on that basis.

But here’s the important distinction: filing for divorce on fault grounds and having that fault affect your alimony outcome are two separate things.

How Adultery Factors Into Alimony Decisions

Under Tenn. Code Ann. § 36-5-121(i), Tennessee judges consider twelve specific factors when deciding whether to award alimony, how much, and for how long. One of those factors is “the relative fault of the parties,” which the court may consider when it deems appropriate.

So yes, adultery can play a role. But it’s not as simple as “they cheated, so I win.”

Tennessee courts have consistently held that alimony is remedial, not punitive. The purpose of spousal support isn’t to punish a cheating spouse. It’s to address the economic imbalance that often exists when a marriage ends. The two most important considerations remain one spouse’s need for support and the other spouse’s ability to pay.

That means a spouse who committed adultery could still receive alimony if they demonstrate genuine financial need and the other spouse has the ability to pay. Similarly, a spouse who was cheated on won’t automatically avoid paying alimony just because their partner was unfaithful.

When Does Adultery Make a Bigger Difference?

While adultery is just one factor among twelve, there are circumstances where it carries more weight in alimony decisions:

• Dissipation of marital assets: If your spouse spent significant marital funds on the affair — expensive gifts, trips, hotel stays, dinners — the court may treat that as a waste of marital assets. This can influence both property division and alimony outcomes in favor of the innocent spouse.
• Direct connection to the divorce: If the affair was the primary reason the marriage fell apart, judges are more likely to weigh it as a factor. If the couple separated for unrelated reasons and the affair happened later, or if the innocent spouse forgave the infidelity and the couple continued living together, it may carry less weight.
• Long-term marriages: Courts tend to weigh fault more heavily in marriages that lasted seven years or longer, compared to shorter marriages.

What Adultery Won’t Do

It’s just as important to understand the limits:

• Adultery won’t automatically disqualify your spouse from receiving alimony. If your spouse genuinely needs financial support to get on their feet after the divorce, the court can still award it regardless of infidelity.
• Adultery doesn’t affect property division. Tennessee law specifically states that marital fault cannot be considered when dividing marital property under Tenn. Code Ann. § 36-4-121. However, dissipation of assets related to the affair is a separate issue that courts will address.
• Adultery doesn’t affect custody. Child custody is determined by the child’s best interests under Tenn. Code Ann. § 36-6-106. Unless the affair directly endangered or harmed the child, it typically plays no role in custody decisions.

Three Defenses to Adultery in Tennessee

Tennessee law also recognizes three legal defenses to adultery as a ground for divorce:

1. Condonation: The innocent spouse knew about the affair and forgave it, and the couple resumed their marital relationship.
2. Recrimination: Both spouses engaged in conduct that could serve as fault-based grounds for divorce.
3. Connivance: The innocent spouse consented to or arranged the circumstances that led to the adultery.

If any of these defenses are proven, the court may not find grounds for a fault-based divorce or may reduce the effect of fault on the alimony decision.

What This Means for You

If you’re the spouse who was cheated on, you may feel like the law should clearly be on your side. And while adultery can work in your favor, it’s not a guarantee. What matters most is how effectively your legal team presents the full picture — the financial impact of the affair, your need for support, and the economic realities of your marriage.

If you’re the spouse who had the affair, it’s natural to worry about the worst-case scenario. But Tennessee courts don’t aim to punish you. If you have legitimate financial need, the law provides for that.

Either way, the outcome depends on the specific facts of your case and how those facts align with the twelve statutory factors. Having an experienced family law team on your side makes a real difference in how those facts are presented and argued.

Let Our Team Help You Navigate This

Whether you’re initiating divorce because of your spouse’s infidelity or you’re on the receiving end of allegations, our family law attorneys at The Law Office of Sam Byrd are here to protect your interests. We’ll help you understand how adultery may affect your alimony situation and develop a strategy tailored to your circumstances.

You don’t have to figure this out alone. Contact us today for a confidential consultation. Call our Chattanooga office or complete our online form to get started.