Quick answer: In most states, cheating does not automatically disqualify you from receiving alimony. Because the majority of states use no-fault divorce, spousal support is usually based on financial need and each spouse’s ability to pay rather than on marital misconduct. That said, some states allow a judge to weigh adultery as one factor, and a few can reduce or deny alimony to a spouse who cheated — so the answer depends heavily on where you live.

The Short Answer: Usually Yes

In most states, people who cheat on their spouses are still eligible to receive alimony. However, simply living in a state that does not allow cheating spouses to collect alimony may not be enough to avoid payment. Read about how fault divorces work — because proving infidelity in court is harder than most people expect.

Fault Divorces and Alimony

In some states, you can file for a fault divorce which could reduce the betrayed spouse’s alimony obligation — but it is unlikely to eliminate it entirely. These cases require proof and almost always involve litigation, which is expensive. Read about why fault-based divorce proceedings cost so much more.

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Is a Fault Divorce Worth It?

In most cases, the cost of obtaining a fault divorce actually outweighs the potential alimony benefits. Many people ultimately decide to claim irreconcilable differences and finalize the divorce faster and cheaper. Read about how to get a divorce fast when both parties are ready to move on cooperatively.

Simplifying Your Divorce

If you’re getting a divorce and your spouse cheated, SimpleEnding may still be a great solution for you — especially if both parties are willing to cooperate on the terms. Find out whether online divorce is right for your situation.

For more information, visit divorce resources from Psychology Today.

Read about whether you can go to jail for cheating for the criminal side of infidelity, beyond its effect on alimony.

Thinking about your next step? If you live in Utah, SimpleEnding prepares court-ready divorce documents for a flat $99 — no attorney required. See how our online divorce in Utah works.

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