Can I Get More Money In Divorce If My Husband/Wife Cheated On Me?

‘Can I get more money in divorce if my husband or wife has cheated on me?’ This is often one of the first questions a divorce lawyer is asked – usually inspired by American legal dramas and films where a private detective is hired at great expense to catch one spouse in the act and the other spouse walks away with a huge financial settlement as a result. 

However, contrary to popular belief, the short answer to this question is no. 

This is particularly since the advent of no-fault divorce in April 2022, which means just that.  All that is required is a statement of the irretrievable breakdown of the marriage to start divorce proceedings. It is not possible to attribute blame. 

Divorce Proceedings and Financial Settlements

The divorce proceedings have no bearing whatsoever on the financial settlement. The divorce proceedings are dealt with completely separately to the financial arrangements to be made upon divorce. 

Instead, finances are dealt with by reference to a set of factors, commonly known as the Section 25 factors, referring to the factors listed at Section 25 of the Matrimonial Causes Act 1973.

This allows for a discretionary approach, based largely on concepts of ‘needs’ and ‘fairness’. This means that a ‘cheating spouse’ will still be entitled to a fair financial settlement. The financial arrangements on divorce must meet both their housing and income needs, so far as possible.

The ‘wronged spouse’ will not receive a greater financial settlement unless their housing and income needs dictate this.  This can be difficult for many to understand.  However, it is an important step forward towards reducing conflict upon divorce. 

Rather than focusing on the reasons why a marriage has broken down, it is far better to look forwards and spend your energy (and money) figuring out how you can both move on from the relationship breakdown in a way that provides for both your financial needs to be met fairly.

Most importantly, where there are children involved, the needs of the children must take priority.  

At Anthony Gold we are experienced in dealing with all aspects of family breakdown, including the divorce process and the financial and child arrangements to be made on divorce. If you think you may require legal assistance a member of our family team can advise you in more detail and agree the best course of action for you and your family.