Does Infidelity Affect Alimony? Divorce & Spousal Support Rules

Facing a divorce can feel overwhelming when cheating is part of the story. The emotional toll, combined with worries about financial security, often brings confusion about what the law really says.

At Jackman Law Firm, we have been focused on supporting families since 2014, and we understand how stressful these situations can be. In this article, we will explain how marital misconduct may shape alimony awards in Washington.

Alimony in Washington State: An Overview

Alimony, also known as Spousal support is a court-ordered payment from one spouse to the other after a divorce. This financial arrangement is intended to help the spouse with fewer resources to maintain a suitable living standard. Courts in Washington look at multiple factors when deciding if spousal support should be granted, including each spouse’s finances, length of marriage, and potential earning capacity.

The idea behind spousal support is to prevent a drastic financial setback for the lower-earning spouse. Rather than forcing that individual to shoulder the entire burden of rebuilding, the court may require the higher-earning spouse to provide assistance. How much and how long these payments last depends on the couple’s personal circumstances.

Does Adultery Impact Spousal Support Awards in Washington?

Because Washington is a no-fault divorce state, either spouse can request a divorce without blaming the other for misconduct. Adultery can be viewed as a valid reason to end a marriage, but it does not, by itself, lead to a bigger or smaller spousal support award. The court’s main focus is on financial aspects, not assigning blame for the divorce.

That said, courts can still look at wrongdoing if it influenced marital finances. For instance, if the spouse who committed adultery used marital money to support the affair, the court might adjust property division or spousal maintenance to compensate for that. Even so, the mere fact that someone cheated does not guarantee more or less alimony for the other spouse.

Common Beliefs vs. Reality of Adultery in Washington Divorces

How Washington Courts Determine Spousal Support

When judges review spousal support requests, they look at the divorced couple’s economic picture as a whole. Monetary assistance is not automatic; the court weighs multiple details before deciding how much one spouse may pay to the other. The following sections provide a closer look at what guides the court’s analysis.

Factors Considered by the Court

The court of law will examine a range of issues as per RCW 26.09.090, to decide on alimony. Here are some of the key points often discussed:

1. The spouse’s financial resources, including property and debts
2. The time required for that spouse to gain education or training
3. The standard of living both spouses had during the marriage
4. The length of the marriage
5. The spouse’s age, health, and financial obligations
6. The paying spouse’s ability to support both parties

Washington judges use these elements to form a balanced plan. They look at one spouse’s needs against the other spouse’s capability, ensuring that the outcome is as fair as possible.

Economic Misconduct and Its Impact

One area where adultery sometimes surfaces is the misuse of marital funds. If one party spends joint assets on an outside relationship, that can come up in court. Examples might be lavish gifts or shared vacations with a romantic partner using money from a joint bank account.

If a court finds that sizable amounts were funneled into an affair, it may compensate the other spouse by adjusting support payments or reallocating property. The focus is on the financial situation created by the misconduct, rather than any moral judgment on the behavior itself.

Proving Adultery in Washington Divorce Cases

Even though Washington allows for no-fault divorces, there are occasions when one spouse decides to show that adultery took place. There should be a certain standard of proof that goes beyond typical civil cases. Direct admissions, text message exchanges, social media evidence, and witness testimony are some of the ways individuals attempt to establish that an affair transpired.

If the court believes finances were impacted, it might grant a more favorable settlement to the wronged party. However, someone claiming adultery cannot expect an automatic surge in spousal support. The court will still examine the nature and amount of money spent, along with other issues that apply to the divorce.

• Emails or messages showing an ongoing relationship
• Hotel or travel receipts revealing unauthorized expenditures
• Witness accounts confirming money was used inappropriately

Without strong evidence on those points, claims that a spouse cheated might have minimal effect on the final support arrangement.

Adultery and Property Division in Washington

In Washington, the law requires a fair split of community property. When courts do this, they decide how to distribute assets and debts that were acquired during the marriage. While the goal is to create an equitable division, a court may consider misconduct if it contributed to the depletion of the couple’s funds.

Spending marital resources on an outside partner may justify giving the faithful spouse a larger share of the assets. For instance, if one person secretly diverted household funds to support a romantic partner, the judge could shift the balance of property in favor of the other spouse. However, for such tends to happen, there should be solid proof that the affair drained shared finances or caused other economic damage.

Adultery and Child Custody/Support in Washington

Parenting plans are meant to serve the child’s well-being, so the broader relationship between the adults usually does not affect custody. Having an extramarital relationship is not evidence of poor parenting unless it directly causes harm or places the child in danger. The court is interested in parenting skills, emotional stability, and each parent’s willingness to foster continuity in the child’s life.

Child support follows a straightforward formula in Washington, based on each parent’s income and how many children they support. The law does not allow a parent’s moral decisions to alter these obligations. Whether or not a spouse cheated, they still have a duty to provide for the child in line with the state guidelines.

Seeking Guidance on Spousal Support? Contact Jackman Law Firm

We understand the emotional strain that can follow when trust is broken in a marriage. Our legal team is dedicated to defending your interests during a divorce, with spousal support being one of our primary areas of attention. If you want to discuss your circumstances, call us at 206-558-5555 or visit our Contact Us page. We are here to clarify any concerns you may have and help you move forward with a plan that protects your financial rights.