What if the spouse that has been unfaithful admitted to an affair outside of the marriage? What can the spouse do? How will the handling of assests and children be handled? Does the offending party have any legal rights?
When a spouse has committed an act or acts of illicit sexual behavior and the spouses decide to separate, alimony is one of the major issues that is affected. If the supporting spouse is the one to commit the illicit sexual behavior during the marriage, then that spouse shall pay alimony to the dependent spouse. If it’s the dependent spouse that commits the illicit sexual behavior during the marriage, then that spouse shall not receive an award of alimony.
The dependent spouse is the spouse that is actually substantially dependent on the other spouse for his/her standard of living. The supporting spouse is the spouse that provides his/her spouse with a majority of their income.
Unless there is financial marital misconduct, an act or acts of illicit sexual behavior will not affect property division (equitable distribution), and so the offending spouse retains their legal rights in this area.
The act or acts of illicit sexual behavior could have an impact on a custody determination because it will show the character of that parent. The offending spouse still retains their legal rights as to the minor children.