Adultery in Delaware - Does Cheating Affect Alimony?

Unfortunately, cheating is more common in todays’ modern society than it should be, and it is often a messy affair. Adultery tends to place incredible strain on marriage relationships and can often result in divorce. Cheating also tends to make spouses angry (rightfully so), which can lead to extensive and drawn out contested divorce proceedings.

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 Delaware.

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The Nature of Divorce in Delaware

Before discussing whether adultery or cheating would affect an award of alimony or spousal support, the nature of divorce in Delaware must be examined. Delaware is a no-fault divorce state.¹That said, misconduct in the marriage is one of the possible situations that could result in a marriage becoming irretrievably broken under Delaware law. ²One of the definitions of misconduct is adultery.³

About Delaware Alimony Rules

Under Delaware law, only financially dependent spouses are eligible to receive alimony.⁴ A spouse is deemed to be dependent only when he or she lacks sufficient property or is otherwise unable to support himself or herself.

Once a court has determined that a spouse was financially dependent during the marriage, the divorce court awarding alimony will consider the following factors in making the alimony award:

• The financial resources of the dependent spouse;
• The standard of living during the manage;
• The duration of the marriage;
• Any ability of the dependent spouse to acquire additional education;
• The age and health of the spouses; and
• The ability of the non-dependent spouse to pay alimony.

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

A party’s adulterous behavior will not affect an award of alimony. This is because alimony awards are purely financial determinations that are made without regard to marital misconduct.⁵

The Verdict:

An adulterous spouse may need to worry about his or her adulterous behavior becoming open court record due to Delaware’s allowance of evidence of adultery to prove misconduct. However, there is no direct financial consequence to cheating under Delaware divorce law. This is because the Delaware alimony process is strictly concerned with helping financially dependent spouses get back on their feet after a divorce.

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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