When considering divorce in Tennessee, many people believe that adultery doesn’t have a significant impact on the case, especially in a no-fault state. However, Tennessee operates differently, allowing adultery to influence key elements of the divorce process. This blog will explore how adultery affects property distribution, spousal maintenance, and child custody arrangements in Tennessee divorces.
The Impact of Adultery on Property Distribution
One of the most significant areas where adultery can affect a divorce in Tennessee is the distribution of marital property. In Tennessee, divorce settlements are governed by equitable distribution, meaning that marital assets will be divided fairly but not necessarily equally. A judge can consider the circumstances that led to the divorce, including any financial dissipation related to the affair.
For example, if one spouse spent marital funds on an affair—such as purchasing gifts, going on trips, or funding other illicit activities—this could be considered dissipation of marital assets. This could lead to a more favorable property division for the spouse who did not commit adultery, compensating them for the loss of those funds.
How Adultery Affects Spousal Maintenance
Another area in which adultery plays a role is spousal maintenance (alimony). While spousal maintenance is determined by various factors such as the length of the marriage and the financial situation of each spouse, adultery can tip the scales in favor of the non-cheating spouse.
If one spouse was unfaithful, the court may view that as a contributing factor to the dissolution of the marriage and could take that into account when determining whether spousal maintenance is appropriate. The “jilted” spouse may be awarded higher maintenance as a result, especially if they can demonstrate that the affair caused financial or emotional harm.
Does Adultery Affect Child Custody?
Unlike property division and spousal maintenance, adultery generally has little direct impact on child custody in Tennessee. Child custody decisions are based primarily on the best interests of the child, which includes factors such as the parents’ ability to provide a stable environment, their involvement in the child’s life, and the child’s relationships with both parents.
However, if the adulterous behavior involves exposing the child to inappropriate activities, such as sexual or drug-related activities, it could potentially affect the custody arrangements. In these cases, the court may decide that the unfaithful spouse’s behavior poses a risk to the child’s well-being, which could impact parenting time and decision-making authority.
Adultery and Child Support
While adultery does not directly affect child support in Tennessee, it can influence the overall financial situation in a divorce. Since child support is based on both parents’ incomes and the time they spend with the child, any impact on the financial distribution, such as higher spousal maintenance or dissipation of assets, could indirectly influence child support calculations.
For example, suppose one spouse receives a larger share of the marital estate or increased spousal maintenance due to the other spouse’s infidelity. In that case, it may reduce their need for child support or impact the amount required to maintain the child’s lifestyle.
Pleading Adultery: A Strategic Advantage?
In Tennessee, adultery can sometimes be used strategically in a divorce. If a spouse believes that the other has committed adultery, they may choose to plead adultery in the divorce proceedings. This can potentially give the non-cheating spouse an advantage in areas such as property division and spousal maintenance. In states with no-fault divorce laws, adultery would have little to no impact on the proceedings, but in Tennessee, it can make a real difference.
It’s important to note, however, that simply accusing a spouse of adultery without solid evidence may not be enough to gain an advantage. If you believe adultery was a factor in your marriage and is relevant to your divorce, it’s essential to consult with an experienced attorney who can help you navigate the legal process.