How Adultery Affects Divorce in Maryland

Adultery is one of the most sensitive and emotionally charged topics that comes up in a divorce. Many spouses who were cheated on want to know how adultery will affect the divorce. Maryland eliminated fault-based grounds for divorce, but adultery can still have a limited impact on the divorce in certain circumstances. It may affect the divorce in practical or financial ways.

At RPM Law, our Maryland family law attorneys help you understand the potential impact of adultery in your divorce case.  

No Fault Grounds for Divorce

Prior to October 1, 2023, adultery was a ground you could plead for a Maryland divorce. Now, all divorces are based on only three possible grounds:

• Mutual consent
• Six‑month separation
• Irreconcilable differences

Without the fault grounds of old, adultery no longer has a direct impact on whether you can file for divorce. The court doesn’t necessarily ignore that behavior though. It may be used in determining:

• Financial fairness
• Credibility
• Overall circumstances of marriage

How Adultery Can Affect Property Division

Maryland uses an equitable distribution system for dividing up your marital property. This means the court focuses on fairness, not exact equality. They look at several factors, including contributions to the marriage and any financial conduct that contributed to its breakdown.

Adultery does not necessarily equal higher distribution of assets for the non-cheating spouse. It is not a financial punishment for moral wrongs. It can affect the divorce in certain situations, such as:

• Dissipation of Marital Assets: If one spouse spent marital assets on their affair, this might be allocated to the other spouse. Hotel rooms, gifts, and other expenses may be considered in allocating a higher portion to the non-cheating spouse.
• Economic Impact on the Family: If the affair affects the family’s overall finances in a negative way, this could result in distributions towards the non-cheating spouse.

How Adultery Can Affect Alimony

Alimony decisions are mainly focused on financial need and time needed for the other spouse to be financially independent. However, the law gives judges broad discretion in this area.

This means adultery may influence alimony in two ways:

• If the cheating spouse seeks alimony, the court may be less sympathetic, especially if the affair caused the marriage to end or harmed the family’s financial stability.
• If the innocent spouse seeks alimony, the court may consider the emotional and financial impact of the affair when determining the amount or duration.

Adultery is not an actual factor in this decision necessarily, but judges are people too. How it might affect the case can depend on the circumstances.

How Adultery Can Affect Child Custody

Custody decisions focus on the best interests of the children. Adultery doesn’t automatically make one parent unfit, but it may be relevant when:

• Introducing a child to a new partner too quickly
• Exposing a child to unsafe or unstable environments
• Prioritizing the affair over parental responsibilities
• Creating emotional turmoil that affects the child’s well‑being

Should You Raise Adultery in a Maryland Divorce?

Whether to bring up adultery depends on the facts:

• If marital funds were spent on the affair, it may be important.
• If the affair affected the children, it may be relevant.
• If the affair had no financial or parenting impact, raising it may add conflict without changing the outcome.

A Maryland family law attorney can help evaluate whether the issue is worth pursuing based on evidence, strategy, and the likely impact on the case.

Learn How Adultery Might Affect a Maryland Divorce

Whether one spouse’s adultery will have an impact on the divorce depends greatly on the specific circumstances of the case. If adultery has potentially affected you in some way, speak with a qualified attorney to learn how it might impact your Maryland divorce.

Our team at RPM Law are ready to help with your family law needs. Contact us today for a consultation.