Does adultery affect a divorce settlement?

Since the introduction of the “no-fault” divorce system, adultery is no longer a legal ground for divorce and therefore does not affect a divorce settlement or asset division. An act of infidelity itself does not carry any legal or financial penalty.

Factors that do affect a divorce settlement and the division of assets include:

The welfare of any minor children, and who cares for them.

The ages of the parties and the length of the marriage.

The financial needs of the parties, and the available resources.

The financial and non-financial contributions made by the parties during the marriage.

The standard of living enjoyed during the marriage.