If you cheated or were cheated on you may have serious concerns and major questions about how that fact could play out in or impact the divorce proceedings. In some states, adultery is still a grounds for filing for divorce. However, Illinois has removed all grounds for divorce other than irreconcilable differences. So, while adultery can certainly give you a reason to cite irreconcilable differences, it is not necessary to prove that adultery occurred in order to proceed with a divorce. Simply citing irreconcilable differences is enough. What can adultery impact? We will cover that more below.
How Does Adultery Impact the Distribution of Assets?
If your spouse cheated on you and bought expensive gifts for their paramour, the value of those gifts can be deducted from their share of the marital assets. For example, in our model family, the wife gifted a highly expensive watch (valued at $10,000) to her work “friend,” with whom she is suspected of having an affair. If the husband is able to prove that his wife had an extramarital affair with the man to whom she gifted the watch, $10,000 can be deducted from the amount of assets that she is awarded in the settlement. The husband may be able to prove the adultery by using text messages, social media photos and posts, or any other legal means. Sometimes a private investigator may be utilized. This is especially the case if there are high-value assets in question, such as cars, boats, fine jewelry, or even a home or apartment.
Other Ways Adultery Can Impact a Divorce
Another way that adultery can impact a divorce is if a prenuptial or postnuptial agreement is involved. Many prenuptial agreements have terms dictating how assets will be divided in the event of adultery. Often, the cheating spouse receives a smaller share of the couples’ assets, or may forfeit their right to spousal support in the event that they commit adultery. By committing adultery, a party to the prenuptial agreement may also forfeit their right to an inheritance or other marital assets. In this case, the spouse alleging adultery has the burden of proving that it occurred to the satisfaction of the court. There are many ways that adultery can impact the enforcement of these agreements and the impact that they can have on the divorce settlement. Prenuptial agreements cannot be altered and will be enforced as written. If you are being accused of adultery that you did not commit, it is important to fight those allegations in order to avoid an unfair distribution of assets. On the other hand, if your spouse cheated on you and you want to enforce the terms of an existing agreement, be sure to gather as much evidence to support your claim as possible and then contact a lawyer so that you can build a strong case and develop an appropriate legal strategy. If you have a prenuptial or postnuptial agreement and are concerned about how adultery may impact it, it is best to contact an attorney who can properly interpret its terms.
Contact Glasgow & Olsson in Schaumburg, Illinois
If you have questions about how adultery could impact your divorce settlement, talk to one of our experienced divorce attorneys. Contact Glasgow & Olsson to schedule your personalized consultation today.