Divorce is never easy, even in the most amicable situations. Allegations of infidelity can add an extra layer of turmoil.
In Rhode Island, adultery can have potential implications on property and financial matters during a divorce. While the state follows equitable distribution laws, courts account for the marital conduct of both spouses when making divorce decisions.
The impact of infidelity on equitable distribution
Rhode Island’s equitable distribution approach means that the division of marital assets will be based on fairness. However, infidelity could impact this determination, especially if it affected the financial circumstances of the marriage.
For example, if marital funds were used to support an extramarital affair, the unfaithful spouse might receive a smaller share of the assets to compensate for their financial misconduct.
The effect of infidelity on alimony
Adultery can also influence spousal support decisions. While not meant to punish the unfaithful spouse, a judge may consider infidelity when determining the amount and duration of alimony payments. If the affair caused financial strain or led to a breakdown in the marriage, it could result in higher alimony payments to the faithful spouse.
No guarantees
It can be hard to predict how (or if) the judge will respond to infidelity allegations when making financial decisions, especially in a no-fault divorce. Regardless, you must be able to prove adultery if you introduce the issue or are considering it as a negotiating tool.
As a victim, you may feel betrayed – even furious — and these emotions may be justified. But before you move forward with your divorce, consider seeking a legal opinion. Having experienced legal guidance can help you hold your spouse accountable while fighting for fair agreements.
