When marital misconduct like infidelity contribute to or directly lead to a divorce, it can have a tremendous impact on the people who are divorcing. Anger, betrayal and distrust can cloud judgments, and parties often want to know to what degree such misconduct will influence the divorce itself.
Areas where misconduct may not matter much
Missouri is a no-fault state, which means the act of cheating does not change the basic legal right to end a marriage. It also rarely dictates child custody arrangements unless the affair directly exposed a child to harm such as neglect, instability or unsafe situations. Judges prioritize the best interests of the children over the moral failings of a parent.
Further, infidelity does not give the non-cheating party the right to take every asset in the property division.
How misconduct can affect maintenance and property
While Missouri judges generally do not use the law to punish a spouse, they may consider conduct when dividing property and when awarding or setting maintenance. Under Missouri statutes, courts may consider marital misconduct, especially where it affected finances. For instance:
- Was there significant spending of marital money on gifts, hotels or travel for a third party?
- Did the cheating spouse use family savings to support a secret second life or household?
- Did the cheating spouse neglect marital duties or career growth in a way that harmed the family’s finances?
These factors allow the court to rebalance the scales so the non-cheating spouse does not bear the cost of the other person’s choices.
Gaining clarity on your financial rights
Understanding these nuances helps you set realistic expectations for your divorce proceedings. While an affair is a significant emotional blow, knowing that Missouri law provides a path to address the financial fallout can provide a sense of stability. You have the right to ensure your final agreement accounts for the total picture of your marriage, including the conduct that led to its conclusion.