If your spouse is having an affair, you can use adultery as a ground for a divorce in Maryland. However, a divorce because of adultery does not necessarily mean your monetary obligation to support your spouse will be lessened.

Generally, the court will divide the assets and properties acquired during marriage between the divorcing couple equally without any bias or discrimination against the party who committed adultery. The court will consider the following factors in the division of the marital estate:

    • Length or duration of the marriage
    • A previous marriage by either party
    • Age, health status, income and resources, financial and social status, capacity to work, and any vocational or income-generating skills
    • Any significant contribution by one party to the other party’s education, training, employability, and increase in their capacity to earn
    • Any chance or likelihood of one party to acquire or accumulate major or capital income and assets in the future
    • Any contribution to or role of each party in the success, added value, preservation, or loss of value of the marital property, including the role and contribution of either party as homemaker
    • The personal value of an asset or property to either party
    • The lifestyle or standard of living of each party during the marriage
    • The effect or impact on the economic or financial status of each party during the time of division or allotment of assets and properties, including Federal, State, and local tax considerations and repercussions
    • The responsibility of a party to become the primary custodian of dependent children of minor age

In addition to all the factors listed above, the court system or judge will primarily base the amount of spousal support or alimony on a party’s financial needs and expenses, within reason.

It is important to have an understanding of the role, or lack thereof, that adultery plays in determining alimony. If you have any additional questions, feel free to call (301) 889-8085 or schedule a consultation online to speak with an experienced divorce attorney.