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Would my spouse still be entitled to both child support and alimony if she cheated?

Attleboro, MA |
Filed under: Divorce

I've been married for more than 5 years, but less than 10. My wife was caught having affair. She doesn't work and we have two kids. What am I going to be obligated to pay?

Attorney Answers 4


  1. I am sorry you are dealing with this. Infidelity does not impact child support or alimony. It will impact custody and parenting time. It may impact property division if she was using marital funds to further this relationship.

    I realize you are shocked and taken aback. The best thing you can do is to work with an attorney to make sure you start the divorce process on the right foot.

    I wish you all the best.

    LEGAL DISCLAIMER: I am licensed to practice law in the Commonwealth of Massachusetts and have an office in Waltham. My practice is focused in the areas of family law, estate planning, probate, elder law, landlord-tenant and employment law. I am ethically required to state that the above answer does not create an attorney/client relationship. These responses should be considered general legal education and are intended to provide general information about the question asked. Frequently, the question does not include important facts that, if known, could significantly change the answer. Information provided on this site should not be used as a substitute for competent legal advice from a licensed attorney that practices in your state. The law changes frequently and varies from state to state. Please contact me with questions and concerns at: (T): 781-647-8100 (E): josh@ccrlawgroup.com I wish you all the best.


  2. It depends on how much you earn, how old the children are, and how much you will pay in child support. Beyond that, it will depend on assets, each party’s educational and work experiences, and certain other factors.

    The fact she had an affair, in and of itself, is unlikely to be grounds to reduce alimony for “cause.”

    You should consult an experienced family law practitioner to review this with you, rather than attempting to proceed on your own.

    Best wishes and sorry for your troubles.

    No attorney-client relatonship is created in responding to this question, and advice provided is based solely on very limited facts presented, and therefore may not be correct. You are advised that it is always best to contact a competent and experienced with the practice of law in the county in which you reside, particularly as it relates to family law, child support, custody and visitation (a/k/a "parenting time") issues, including 209A abuse-prevention restraining orders (a/k/a "ROs" in legal-speak), regarding un-emancipated children, under the age of 22.


  3. Infidelity does not play the role most people think it does in a divorce. If she is entitled to alimony then it won't be affected because she cheated, but she might not be entitled to it if she is receiving child support if you don't make over $250,000 per year. You should talk with any attorney about your specific circumstances. Best of luck.

    Sincerely,

    Karla Mansur, Esq.
    Law Office of Karla M. Mansur, LLC
    81 Middle Street
    Concord, MA 01742
    P: (978) 341-5040 / F: (978) 401-0687
    www.mansurlaw.com

    I am ethically required to state that the above answer does not create an attorney/client relationship. These responses should be considered general legal education and are intended to provide general information about the question asked. Frequently, the question does not include important facts that, if known, could significantly change the answer. Information provided on this site should not be used as a substitute for competent legal advice from a licensed attorney that practices in your state


  4. Cheating generally speaking, plays no bearing in what an ex-spouse would receive in child support and alimony, if they´re entitled to either. Of course, many individuals would disagree with this, but this is the general rule.

    I advise you to take a deep-breath, retain an experienced Family Law attorney, and make certain your rights and your children´s interest are protected.

    I wish you luck,
    Anthony Rao, Esq.

    The above response is NOT legal advice, and is NOT intended to be legal advice. No Attorney-Client relationship is created through the above answer, and any communication between us is not protected by attorney-client privilege.

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