Adultery in Iowa - Does Cheating Affect Alimony?

Adultery and infidelity can be the death of a marriage. While many spouses who are cheated on will want some type of revenge on their spouse, the courtroom (ironically) is not always the best place to do so. Many modern courts will refuse to consider adultery in making alimony and financial support awards. 

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 Iowa.

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The Nature of Divorce in Iowa

Before discussing whether adultery or cheating would affect an award of alimony or spousal support, the nature of divorce in Iowa must be examined.Iowa is a no-fault divorce state.¹ This means that in order for a married couple to become eligible for divorce, they only need to prove that a breakdown of the marriage relationship occurred. Iowa courts will decide divorce cases without regard to any marital misconduct such as adultery.

About Iowa Alimony Rules

Alimony in Iowa is known as spousal support. Iowa divorce courts may grant either temporary or permanent spousal support in an appropriate amount after examining the following factors:

1. The length of the marriage;
2. The age and health of the spouses;
3. The post-divorce distribution of marital property;
4. The education level of the spouses;
5. The relative earning capacity of the spouses;
6. The feasibility of the spouse seeking support to become self-sustaining; and
7. Any the tax consequences of support.

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

In general, fault of the parties such as adultery will not affect an award of spousal support because Iowa is a no-fault divorce state. However, at least one Iowa court has held that a court could consider a husband’s debts acquired during the marriage in determining an amount of spousal support award to his wife.² This at least implies, that where an adulterous relationship becomes expensive causing the spouses to go into debt, the non-adulterous party may be entitled to a spousal support award to assist in payment of those jointly-held debts.

The Verdict:

As a no-fault divorce state, a spouse who has been victimized by an adulterous partner should not expect any additional spousal support payments resulting from that adultery. The no-fault nature of divorce in Iowa makes marital misconduct and fault irrelevant. Spousal support is awarded on a purely financial basis.

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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