Are you wondering whether a cheating spouse loses their rights in a divorce? The answer isn't as simple as you might think. In this video, we'll explore the impact of cheating on divorce in Pennsylvania, including the factors considered when awarding alimony and dividing assets.
When it comes to divorce, one of the most common questions is whether a cheating spouse loses their rights. Unfortunately, while the answer may seem straightforward, the truth is more complex. Under Pennsylvania law, marital misconduct, including adultery, is one of 17 factors that the court considers when determining whether to award alimony and how much should be paid. However, it is not the only one and is not given any special weight.
According to Debbie Y. Schneider, Esq., a divorce attorney at Alpha Center for Divorce Mediation, alimony is designed to provide additional cash flow from the higher-earning spouse to the lesser-earning spouse to assist with everyday living expenses. While it is necessary for many divorces, it is not considered an automatic right, and the award and duration of alimony payments are determined based on a variety of factors, including the length of the marriage, the earning capacity of each spouse, and the standard of living established during the marriage.
In Pennsylvania, there are technically only two types of alimony: pendente lite (pre-divorce) and post-divorce alimony. Pendente lite alimony is a temporary payment one spouse must pay to the other while the divorce is in process. The purpose of pendente lite alimony is to allow the receiving spouse to participate in the divorce proceedings, maintain the standard of living they're used to, and provide income so that the spouse doesn't become economically disadvantaged. It doesn't affect whether or how much alimony is awarded post-divorce.
Post-divorce alimony is awarded only when it is deemed "necessary." To decide whether it's necessary, the judge must evaluate a list of factors, including the duration of the marriage, the earning capacity of each spouse, and the standard of living established during the marriage. A judge will typically award alimony when one spouse isn't able to support themselves through employment, and the paying spouse can make the payments. The overall goal is to ensure that the supported spouse doesn't need support from the state, regardless of any irreconcilable differences.
Many people believe that cheating will automatically disqualify a spouse from alimony payments. However, under Pennsylvania law, this is not the case. While marital misconduct is one of these factors, it is not the only one and is not given any special weight. The court considers a wide range of factors when determining the award of alimony and the division of marital assets.
When dividing assets, many people wonder whether cheating will affect the division of assets in a divorce. However, under Pennsylvania law, the equitable distribution process, which splits the assets and liabilities in a divorce, does not refer to misconduct or cheating. This means that a spouse's infidelity will not impact the division of assets and debts.
Child support and child custody are separate issues; one parent's failure to pay child support does not affect their right to custody or visitation. Similarly, a parent cannot refuse to allow the other parent to have visitation because of a failure to pay child support.
In Pennsylvania, child custody is divided into two categories: physical custody and legal custody. Physical custody refers to where the child lives, while legal custody refers to the right to make important decisions about the child's welfare, such as education, religion, and medical care. Pennsylvania courts encourage parents to work together to create a custody agreement that meets the best interests of the child. Suppose the parents are unable to reach a favorable divorce settlement. In that case, the court will determine custody based on a list of factors, including the child's relationship with each parent, the ability of each parent to provide for the child's needs, and any history of abuse or neglect.
In summary, while cheating may be a factor in a divorce case in Pennsylvania, it is not the only factor and does not automatically disqualify a spouse from receiving alimony or impact the division of assets. Child support and custody are also separate issues that are determined based on the best interests of the child. If you are going through a divorce in Pennsylvania, it is important to consult with a qualified divorce attorney to understand your rights and options.
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