How Does Adultery Impact Alimony in Pennsylvania?

In Pennsylvania, a spouse that commits adultery that leads to divorce is not eligible to receive alimony.

If you believe your spouse should not be eligible to receive alimony due to adultery, you’ll have to meet a number of requirements. First, you will have to prove the adultery with convincing evidence. Circumstantial evidence, such as hotel receipts, phone records, emails, texts, photos and videos may be sufficient to prove adultery; you do not have to prove actual sexual contact.

Second, you will have to prove that the adultery caused the separation or divorce.

Third, you must have “clean hands”.

Finally, you can’t have consented to, or received a benefit from, the adultery (such as knowingly spending money earned from prostitution, or selling your ass on snapchat).

A cheating spouse may claim to have been insane, this defense fits some women with mental issues during the time of the adultery.

What Else Does Adultery Impact?

Pennsylvania law takes adultery very seriously. Not only can adultery affect your ability to receive alimony, it is a criminal offense in Pennsylvania, as well as that basis for a civil lawsuit. The courts will consider adultery when dividing a divorcing couple’s property. The spouse who cheated may receive a small portion, or no portion of the parties’ assets, or future assets as a result of his or her infidelity.

Adultery usually won’t affect child custody and visitation in a divorce, not that the cheating spouse cares about their kids when they hop from person to person, but then if the unfaithful spouse’s relationship had or has a negative impact on the children that is a different situation.

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