How Does Adultery Affect Divorce in Maryland?

 Posted on November 15, 2025 in Uncategorized

Finding out your spouse cheated changes everything. The betrayal hurts deeply. When you decide to divorce, you might wonder if the affair matters in court. Will the judge care that your spouse broke your wedding vows? Can you use adultery to get a better outcome in your divorce?

How adultery affects your case depends on what you are trying to achieve. Understanding when adultery matters and when it does not can help you set realistic expectations for your divorce. Our Columbia, MD divorce attorney can help. 

Can You Get Divorced in Maryland Because of Adultery?

Maryland law no longer allows fault-based divorce. As of November 2025, there are still only three grounds for divorce listed in Maryland Code, Family Law Section 7-103: a six-month separation, irreconcilable differences, and mutual consent. 

A mutual consent divorce requires both spouses to agree on all issues and have a written settlement agreement before filing. A six-month separation also qualifies as no-fault grounds if you have been living apart without sexual relations.

No-fault divorces are faster and less expensive. You do not need to prove anything bad happened; you just show that the marriage is over. This avoids the time and cost of gathering evidence about an affair.

Does Adultery Affect Property Division in Maryland?

Maryland follows equitable distribution when dividing property. This means the court divides marital property fairly, though not necessarily equally. The judge considers many factors listed in Family Law Section 8-205.

One of those factors is how and why the marriage ended. Adultery can influence property division if the cheating spouse also wasted marital money on the affair. If your spouse spent thousands of dollars on gifts, trips, or an apartment for their affair partner, that matters. You might receive a larger share of the remaining marital property to make up for what your spouse squandered. But adultery alone, without financial waste, usually does not change property division much. 

Can Adultery Affect Alimony in Maryland?

Adultery can have a bigger impact on alimony than on property division because Maryland law allows judges to consider the circumstances that broke up the marriage. If the court finds that the person asking for alimony committed adultery, the judge can even deny alimony. 

However, this is only one of the factors judges use when they make decisions about alimony. Other factors include whether the spouse asking for alimony truly needs it, how long the spouses were married, and the standard of living during the marriage. 

Does Adultery Matter for Child Custody in Maryland?

Adultery rarely affects child custody decisions. Maryland courts make custody choices based on the best interests of the child. These factors focus on things like each parent's ability to care for the child, the child's relationship with each parent, and the child's needs. An affair between adults does not usually impact these considerations.

Call a Columbia, MD Divorce Attorney Today

Contact DM Family Law at 443-545-8100 to discuss your divorce case. When you call, you will speak with a dedicated Annapolis, MD divorce lawyer who takes a personal and client-centered approach to every case. With over 20 years of experience, our firm understands the emotional and legal complexities of divorce involving adultery. You deserve guidance from someone who will listen to your concerns and fight for your interests throughout this difficult process.