Will My Spouse’s Cheating Affect Our Divorce Case?

Request a Case Evaluation

  • Hidden
  • This field is for validation purposes and should be left unchanged.

Will My Spouse’s Cheating Affect Our Divorce Case?

While spousal misconduct can be and at times is taken into account by Judges in Missouri, it does not play near the role that the aggrieved spouse would hope. Though, there are a couple key areas where cheating is strongly considered in a Missouri divorce case. These areas are property division and spousal support.

While the judges typically stick close to 50/50 division of marital property, it is not out of the question for the needle to move in one direction based on adultery. Even a percentage or two of the marital assets could be a considerable increase in what you receive. In St. Louis County, if the cheating is substantial, Judges commonly divide marital assets anywhere from 51/49 to 55/45.

The other area where adultery is factored in is maintenance. Since Missouri does not have a specific alimony calculator, the Judges have discretion to pick an amount based on certain statutory factors. One of these factors is marital misconduct. Maintenance is commonly increased to some degree when there is substantial marital misconduct.