Will infidelity affect maintenance or the division of property in a Louisville divorce? Generally speaking, infidelity is not relevant to divorce proceedings in Kentucky. Kentucky is a “no fault” state, and the Court will presume the reason for the divorce is simply irreconcilable differences.
How will infidelity affect maintenance in our case? The need for maintenance as well as the amount and duration is actually quite complicated under Kentucky law. Our family code specifies a number of factors for the Judge to consider such as the length of the marriage, the lifestyle enjoyed by the parties, the financial balance between the parties, employment viability and many other factors.
Infidelity can be an issue as the Judge weighs maintenance. If a potential recipient of spousal support has not been faithful, the Judge in your case may reduce the amount of maintenance awarded due to marital misconduct. If the potential payer of maintenance was unfaithful, the Judge may increase their award of maintenance. There is no hardened case law on these subjects and the Court will decide each case separately based upon the unique facts and circumstances of your divorce.
An affair may be of interest during marital property division. Spouses owe a fiduciary duty to one another. This requires each spouse to act in each other’s best interests. Money spent on gifts, hotels, travel, dining and other expenses can be raised during discussions concerning marital property. If these expenses can be proven, an unfaithful spouse may be compelled to compensate you for your half of the value of the money diverted away from your marriage toward outside interests.
There might also be an argument regarding the unfaithful party’s fitness as a full time parent. This is also legally quite complex and it is important to discuss these matters with our experienced divorce and family law attorneys.
We invite you to review the strong recommendations of our former clients and contact us or call 502-584-1108 to schedule an appointment with one of our experienced divorce and family law attorneys.