Can You Receive Alimony if You Had an Affair?

The dissolution of a marriage can be a complex and emotionally charged process, particularly when issues such as infidelity come into play. In Arizona, spousal support, or alimony, is awarded based on various factors, including the financial circumstances of both parties and the duration of the marriage. However, one question that often arises is whether a spouse who had an affair can still receive alimony. It’s important to have clarity on this matter and understand how infidelity may impact alimony awards in the state.

Understanding Alimony in Arizona

Alimony is financial support paid by one spouse to the other following a divorce or legal separation. In Arizona, alimony may be awarded to either spouse based on factors such as:

  • Each spouse’s financial resources and earning capacity
  • The standard of living established during the marriage
  • The duration of the marriage
  • The age and health of each spouse
  • Any contributions one spouse made to the education or career advancement of the other

The court has discretion in determining whether alimony is appropriate and, if so, the amount and duration of the payments.

Infidelity and Alimony

While infidelity can have a significant emotional impact on a marriage, Arizona is a no-fault divorce state, meaning that neither party needs to prove wrongdoing, such as adultery, to obtain a divorce. In most cases, infidelity alone will not directly affect the court’s decision regarding alimony. However, there are some exceptions and considerations to keep in mind:

Wasteful Dissipation of Assets: If one spouse spent a significant amount of marital assets on an extramarital affair, the court may consider this wasteful dissipation of assets when determining alimony awards.

Financial Impact: If the extramarital affair resulted in financial consequences that significantly affect the marital estate or the other spouse’s financial well-being, the court may take this into account when awarding alimony.

Cohabitation: If the spouse who committed adultery is living with a new partner and receiving financial support or benefits from that relationship, this may impact their need for alimony.

Impact on Children: If the infidelity had a detrimental impact on the children or the overall family dynamic, the court may consider this when making alimony determinations.

It’s important to note that every case is unique, and the court will consider all relevant factors when determining alimony awards.

While infidelity can be a challenging aspect of divorce, its impact on alimony awards in Arizona may vary depending on the specific circumstances of each case. Understanding how the court considers factors such as financial impact and asset dissipation can provide clarity for spouses navigating divorce proceedings. 

Contact an Experienced Family Law Attorney

Navigating the complexities of divorce and alimony proceedings requires the expertise of a knowledgeable family law attorney. If you are considering divorce or facing alimony issues in Arizona, seeking legal counsel is essential to protect your rights and interests. An experienced attorney can evaluate your situation, explain your legal options, and advocate on your behalf to achieve a fair and equitable resolution.

Cohen Family Law is dedicated to assisting individuals with their family law issues. Our team offers comprehensive legal support, guiding you through each step of the process. We encourage you to contact us for a consultation, where we can discuss your situation and explore the best path forward for you.