In Tennessee, adultery is not just a personal matter—it can have significant legal implications in divorce proceedings. If you’re considering divorce and infidelity is involved, understanding how it affects various aspects of the process is essential. This blog will delve into the legal consequences of adultery in Tennessee divorces, focusing on property division, spousal maintenance, and child custody.
How Adultery Influences Property Distribution
Tennessee’s equitable distribution system allows for the division of marital property based on fairness rather than an equal 50/50 split. A judge will consider several factors when dividing property, and one of those factors includes the circumstances that led to the divorce. Adultery can play a significant role in this process.
When one spouse commits adultery, the other spouse may argue that the unfaithful spouse should be penalized in the property division. This penalty could manifest as a larger share of the marital estate being awarded to the non-cheating spouse. This is particularly true if the adulterous spouse wasted marital assets, such as spending money on gifts or vacations for the affair. In such cases, the cheating spouse may be held financially responsible for their actions, and the non-cheating spouse could receive a more favorable settlement.
The Role of Adultery in Spousal Maintenance
Spousal maintenance is a form of financial support that may be awarded to one spouse after divorce. In Tennessee, adultery can influence the amount of maintenance awarded. A judge will consider the actions that led to the divorce, and if infidelity was a factor, the judge may award higher spousal maintenance to the non-cheating spouse.
This can serve as a form of compensation for the emotional and financial harm caused by the affair. While not guaranteed, this option may be available in situations where one spouse can prove that their financial or emotional stability was significantly affected by the adultery.
Does Adultery Affect Child Custody Decisions?
Unlike property distribution and spousal maintenance, adultery has little impact on child custody decisions in Tennessee. Custody arrangements are made based on the best interests of the child, which typically includes factors like each parent’s ability to provide a stable and nurturing environment, their involvement in the child’s life, and the child’s relationship with each parent.
However, if the cheating spouse exposed the child to inappropriate behavior—such as drug use or sexual activity—this could affect custody decisions. If the adultery was deemed harmful to the child’s well-being, the court could limit the cheating spouse’s parenting time or decision-making authority.
Adultery and Its Indirect Impact on Child Support
Adultery can also influence child support, though not directly. Child support in Tennessee is calculated based on both parents’ incomes and the amount of time each parent spends with the child. If adultery results in a more favorable property distribution or higher spousal maintenance, it may indirectly reduce the amount of child support the adulterous spouse must pay. However, child support is primarily determined by income and time-sharing arrangements, and adultery is not a direct factor in the calculation.
Should You Plead Adultery in Your Tennessee Divorce?
Pleading adultery can sometimes provide a strategic advantage in a Tennessee divorce case. If you believe your spouse’s infidelity contributed to the breakdown of the marriage, you may want to plead adultery in the divorce proceedings. This can help you secure a more favorable property division or higher spousal maintenance.
However, it’s important to understand that simply accusing your spouse of adultery is not enough—you will need to present evidence of the affair to make your case. A qualified attorney can help you determine whether pleading adultery is the best strategy for your situation.