Adultery in Indiana - Does Cheating Affect Alimony?

More and more states have begun awarding alimony only on a financial needs basis. While many spouses expect large courtroom divorce awards when cheating occurs, this is not always the case. Many states now consider alimony awards without regard to any marital fault.

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 Indiana.

TIP: Get free family law consultation about divorce and alimony.

The Nature of Divorce in Indiana

Before discussing whether adultery or cheating would affect an award of alimony or spousal support, the nature of divorce in Indiana must be examined.Indiana considers itself a no-fault divorce state. It has four grounds for divorce, three of which require fault-like circumstances (insanity, incarceration for a felony, or impotence), but none of which are any of the traditional fault grounds such as adultery, abandonment, desertion, or cruelty.¹ As a result, Indiana essentially operates as a no-fault divorce state even though Indiana law does maintain some fault grounds for divorce.

About Indiana Alimony Rules

Alimony is known as spousal maintenance in Indiana.² Prior to making an award of spousal maintenance, Indiana courts must first determine whether either spouse is eligible for a maintenance award. Indiana courts must find that either a spouse lacks sufficient property to provide for his or her needs or that the spouse cannot seek employment due to being the custodian of a physically or mentally disabled child before the court will award either permanent or temporary spousal maintenance. The mental and physical incapacity of either spouse can also result in an award of spousal maintenance.

Once the court determines that spousal maintenance is appropriate, it will consider the following factors in granting a support award:

1. The education level of the spouses;
2. Whether one of the spouses was a homemaker during the marriage; and
3. The earning capacity of the spouses.

The court may also award rehabilitative spousal maintenance for up to three years if the court finds that one spouse requires additional temporary income to acquire sufficient education or skills to earn a living.

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

Adultery and other types of marital misconduct play no role in the award of spousal maintenance. This is primarily because Indiana is a no-fault divorce state and does not consider fault in its divorce determinations.

The Verdict:

While Indiana may not be a true no-fault divorce state, it essentially acts like one. As a result, Indiana divorce judges are not supposed to consider the fault of either spouse in making an award of spousal maintenance. This means that an adulterous spouse cannot be punished for his or her infidelity with an award of spousal maintenance. An adulterous spouse can even receive spousal maintenance if the financial circumstances warrant it.

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.

Resources: