Does Cheating During Marriage Affect Your Divorce?


Cheating during marriage has become a frequent issue among married couples. This act is the ultimate form of betrayal because it goes against the sacred vows that each spouse agreed upon during their union. The unfortunate truth is that many couples do not get beyond cheating during marriage. Even if they stay together, their relationship often suffers long-term psychological and even physical side effects. 

After such a situation, many spouses are left wondering if cheating can affect your divorce proceedings. Although divorce can be difficult, ultimately, it is the only answer in some cases. Let’s take a closer look to see if being unfaithful to your spouse during marriage will affect the outcome of your divorce. 

Florida Law 

Florida is known as a “no-fault” state. This means that neither spouse needs to “prove” one is at fault for the ending of the marriage to get a divorce. Because of this, the act of cheating during a marriage has no effect on the divorce as a whole. However, there are ways in which it can affect different aspects of the proceedings moving forward. 

The Impact on Divorce 

Throughout your divorce, you and your spouse will need to come to agreements for things such as alimony, child custody, division of assets, and much more. In many cases, factors are set in place to help the ruling judge facilitate agreements or disagreements. 

As we stated earlier, neither spouse has to prove the divorce is the cause of one of their actions. Therefore, cheating may not be brought into the picture. However, it’s important to note that the judge can often address infidelity as a factor throughout the proceedings. For example, if cheating has impacted the relationship between one spouse and their child, this could be a factor in discussing custody involving the children. 

After Divorce 

Many people tend to focus on the consequences of their actions affecting the divorce proceedings. However, cheating during a marriage can also impact the relationship between two ex-spouses even after finalized divorce. Cheating during a marriage can create tension, anger, resentment, and a whole host of other negative feelings towards one another. Although this may not be an issue, it can make situations more complicated when children are involved. 


When you choose to cheat on your spouse with another man or woman, there are undeniable consequences. Whether that be a strain on your marriage moving forward or complications when it comes to divorce. Here at Cobb Cole Attorneys at Law, we understand that situations such as these are challenging to go through alone. Give us a call to speak with one of our knowledgeable divorce attorneys today and see how we can help you overcome these trying times.