If your marriage has been affected by adultery, you are not alone. A large percentage of marriages are destroyed by infidelity. This is especially common among CEOs and couples who are apart much of the time because of their high-profile and lucrative careers. As a busy spouse must tend to business, it can drive a wedge in the relationship to the point where the spouses disconnect and one or both spouses cheat.
If someone was unfaithful in your marriage and now you’re on track for divorce, you may be wondering, “Can a cheating spouse be barred from spousal support?” This is a valid question indeed, especially because some states prohibit an adulterous spouse from receiving spousal support, otherwise known as “alimony.” Read on as we further explore this question and provide you with a clear explanation.
When Alimony is Awarded in Nevada
It is common for spousal support or alimony to be awarded in a Nevada divorce, especially when it’s a high-asset divorce, or when one spouse earns significantly more than the other spouse. Often, one spouse will have stayed at home to take care of the household and raise the couple’s children, and this long break from the workforce can make it difficult for the stay-at-home spouse to get a good paying job without going back to school, or updating their job skills.
Nevada courts frequently award spousal support when the lower-earning spouse is unemployed or underemployed and lacks the financial resources to support themselves comfortably. If there is a large difference in the spouses’ incomes, it’s typical for the courts to order the higher-earning spouse to support the lower-earning spouse. But what if the lower-earning spouse cheated? Will he or she be barred from alimony?
Nevada is a No-Fault Divorce State
Like California, Nevada is a no-fault divorce state. As a rule, family court judges will not be interested in hearing about an affair when deciding whether to award spousal support or not. In other words, cheating will have no impact on alimony, but it can affect property division. For example, if a cheating husband bought his girlfriend a new car for $40,000, it can reduce his share of the marital estate.
Cheating does not normally impact child custody or visitation either unless for some reason the affair is negatively affecting the children. If you have further questions or are seeking divorce representation in Henderson, contact Ford & Friedman today.