Adultery in Maryland - Does Cheating Affect Alimony?

They say crime never pays, but cheating might. Rather, getting cheated on could increase the amount of alimony in the event you seek a divorce. Courts frown on marital misconduct and are not afraid to impose penalties on spouses who step out of line.  

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 Maryland.

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The Nature of Divorce in Maryland

Before discussing whether adultery or cheating would affect an award of alimony or spousal support, the nature of divorce in Maryland must be examined.Maryland law provides eight different grounds that allow spouses to seek a divorce in court. Of those divorce grounds, seven of them are at-fault grounds that allow divorce because of misconduct by a spouse. One of those fault grounds is adultery.¹

About Maryland Alimony Rules

The Maryland family code’s alimony provision provides specific instructions for judges to follow when awarding alimony.² Under Maryland law, the court must make two determinations regarding alimony: the duration and the amount. As to duration, alimony can either be temporary or indefinite. Temporary, or periodic, alimony will expire at a set deadline. On the other hand, indefinite alimony will continue until a court order causes it to cease, but that long-term form of alimony can only be awarded due to either the age, health, or long term inability of a spouse to become self-supporting.

The amount of any alimony awarded must first and foremost be fair. In determining whether an award of alimony is fair, the court considers the following factors:

• The earning capacity of each spouse and each spouses’ ability to be self-supporting;
• The standard of living during the marriage;
• The duration of the marriage;
• The contributions of each spouse (monetary and non-monetary) to the marriage;
• The circumstances that contributed to the estrangement of the spouses;
• The age and health of the spouses;
• The ability of either spouse to pay for alimony; and
• The financial needs of each spouse.

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

In 1980, the Maryland alimony law was amended to delete references to “fault” of either of the spouses. Under a strict reading of the current law, neither adultery nor marital misconduct generally should affect the amount of alimony at all. However, Maryland courts have interpreted the factor of “circumstances contributing to the estrangement of the spouses” to mean fault.³ Under this common reading of the Maryland alimony laws, one spouse’s adulterous behavior can absolutely affect the amount of an alimony award.

That said, Maryland law does explicitly state, however, a spouse who has committed marital misconduct may still be eligible for an award of alimony. That means that a spouse who committed adultery can still be awarded alimony under certain circumstances. The fault of one of the spouses is only one of many considerations, and the court may view the spouses’ financial circumstances as more important than misconduct.

The Verdict:

Under the Maryland courts’ current interpretation of alimony laws, adultery can absolutely be taken into account when determining the amount of alimony. That said, adultery alone will not highly influence the judge’s alimony determination because fault is only one of many factors that contribute to an award of alimony.⁴ An adulterous spouse may even be awarded alimony where that spouse would be unable to support himself or herself after the 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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