Do you have questions regarding infidelity and divorce? Adultery is one of the most painful things that can happen in a marriage. And if you are going through a divorce in Arizona, you may be wondering how cheating affects everything from property division to spousal support or parenting time.
Divorce is already emotionally difficult, and when infidelity is involved, it can make an already painful process feel even more complicated. Let’s talk about what infidelity and divorce actually mean for your case and where it truly makes a difference.
Arizona Is a No-Fault Divorce State
The first thing to understand is that Arizona is a no-fault divorce state. That means you do not have to prove your spouse did something wrong or that they cheated in order to file for divorce.
All you need to state is that your marriage is “irretrievably broken,” meaning there is no chance of reconciliation.
Unlike some other states, adultery is not a legal ground for divorce in Arizona. However, that does not mean it never comes into play. There are specific situations where cheating can have financial or practical consequences.
How Adultery Can Affect Property Division
In Arizona, community property is divided equitably, which means fairly, not necessarily equally. Normally, this division of assets is made without considering misconduct.
However, there is one key exception: marital waste.
If your spouse spent marital funds on their affair, such as paying for hotel stays, gifts, travel, or other expenses for another person, that money can be considered wasted from the marriage.
When this happens, the court may adjust the property division to make up for it. For example, if your spouse used ten thousand dollars of marital money on an affair, the judge could award you a larger portion of the remaining assets to balance things out.
In other words, adultery by itself does not affect property division, but misusing marital funds because of the affair absolutely can.
How Infidelity and Divorce Can Affect Parenting Time
When it comes to custody and parenting time, Arizona courts always focus on the best interests of the child. Infidelity and divorce alone do not usually impact parenting decisions.
That said, if a parent’s behavior connected to the affair directly affects the child’s well-being, it could matter. For example, if a parent introduces a new partner too quickly or exposes the child to conflict related to the affair, the court might see that as poor judgment.
In those cases, a judge could factor that behavior into their parenting time decision. But simply having an affair, without it affecting the child, typically does not change custody outcomes.
What About Spousal Support?
Spousal maintenance, also known as alimony, works much the same way. Cheating does not automatically mean higher or lower support for either spouse.
However, if marital funds were spent on the affair, that financial impact can influence how support is calculated or awarded.
If you suspect your spouse used shared money to fund their affair, evidence is critical. This could include:
- Bank or credit card statements showing unusual charges
- Hotel or travel receipts
- Emails or text messages connecting the spending to the affair
The goal is not to punish your spouse for infidelity but to protect your financial interests.
Infidelity and Divorce: The Bottom Line
Adultery does not automatically change your divorce outcome in Arizona, but it can still have serious financial consequences if marital funds are misused.
Beyond the legal details, adultery often adds emotional pain and conflict, which makes it even more important to have an experienced attorney guiding you through the process.
If you are going through a divorce, whether infidelity is part of your situation or not, do not face it alone. Reach out to us at Provident Law. We are here to help you protect your future, your finances, and your family.