Will my spouse get half of everything if they cheated on me?

Your spouse has just announced that they have fallen in love with someone else and you want to know what this means for you financially.

The bad news for clients in this situation is that the law does not take into account why the marriage has ended when deciding how finances should be divided.

The law – achieving ‘fairness’

There is no standard formula for dividing finances on divorce. Instead, the court must consider a set of factors listed in the Matrimonial Causes Act 1973. Whilst ‘conduct’ is one of these factors, it will only be relevant in very exceptional circumstances, such as where a serious crime has been committed.

The court’s goal is achieving fairness, and the starting point is that assets accrued during a marriage are divided equally.

However, where the needs of the parties and any children cannot be met by an equal division, an unequal division of resources may be appropriate instead. In these cases, ‘needs’ are likely to dictate how capital and income are divided.

Relevance of a new relationship

If your spouse is cohabiting with their new partner, the court will look at what their new partner should be contributing to the household economy. This will serve to reduce your spouse’s ‘needs’ in the eyes of the court but can be viewed as an additional resource from which those needs might be met.

What this means for you

Your spouse is entitled to a fair settlement even though they have cheated, which could in some cases see them receiving more than half of the assets, at least in the short term, if this is what your respective needs dictate.

However, it is always open to you and your spouse to reach an alternative agreement through legal advisors or at mediation.

It is therefore sensible to seek early legal advice.

How Battens Solicitors can help

As Head of Family Law at Battens Solicitors in Bath, I specialise in advising clients on the financial aspects of divorce and separation.

If you would like tailored advice about your situation, please contact me, Sarah Jackson, by calling 0800 652 8373 or visit our website battens.co.uk.