Washington, D.C. recognizes only no-fault divorces. That means that adultery, which is a form of marital misconduct, is not a ground for divorce in the District of Columbia. However, where it can have an impact is in regard to alimony payments. Alimony, also known as spousal support, is money paid by one spouse to the other after a divorce. In the District of Columbia, alimony is determined by a judge and is based on a number of factors, including the length of the marriage and the income of each spouse.
In D.C., adultery can be a factor in determining the amount of alimony that is awarded to a spouse.
If a spouse has committed adultery, a judge may take this into account when deciding the amount of alimony.
When deciding whether to award alimony and the duration and amount of the award, Washington, D.C. judges must consider several factors, including “the circumstances that contributed to the parties’ estrangement. ” This means Washington, D.C. judges can consider marital misconduct like adultery when making decisions about alimony.
In D.C., adultery is defined as voluntary sexual intercourse between a married person and someone other than their spouse. This includes physical sexual contact, as well as having an emotional or romantic relationship with someone else. Adultery can also include engaging in cybersex, sexting, and other virtual relationships.
Adultery and Alimony in DC
If a spouse has committed adultery the judge may also consider the adultery as a factor in determining the amount of alimony. The judge may also consider the financial impact that the adultery has had on the other spouse. An alimony award could take into account, for example, whether the other spouse had to spend money on expensive gifts and vacations.
Adultery and The Division of Property
In D.C., adultery can also have an impact on the division of property in a divorce. A judge may consider the adultery when deciding how to divide the property between the spouses. If a spouse has committed adultery, the judge may award them less property than the other spouse.
During a divorce in Washington, D.C., adultery can affect alimony payments and property division. If a spouse has committed adultery, it may impact your case so you should discuss this with your DC divorce attorney when discussing your case. Your attorney will be able to discuss the laws in D.C. regarding adultery and alimony in more detail when providing direction and representation in your divorce.