Adultery and divorce settlements
Divorce is rarely easy. When infidelity is involved, it can feel even more unfair—especially when the question of money arises. A common solicitors hear is: if my spouse cheated, do they still get half of everything?
The short answer is: usually, yes. In England and Wales, adultery typically does not affect the division of assets in a divorce settlement. But the reasoning—and the exceptions—are worth understanding in detail.
How finances are decided on divorce in England and Wales
In England and Wales, financial settlements on divorce are governed by the Matrimonial Causes Act 1973, specifically Section 25.
This law sets out the factors a court must consider when deciding how to divide assets. Importantly, there is no fixed formula. Every case is assessed individually.
The section 25 factors explained
The court considers a range of factors, including:
- The welfare of any children (this is the first priority)
- Each spouse’s income, earning capacity, and financial resources
- Financial needs, obligations, and responsibilities
- Standard of living during the marriage
- Age of the parties and duration of the marriage
- Contributions made (financial and non-financial)
- Conduct (in rare cases)
- Value of any lost benefits (e.g. pensions)
For a broader overview of the divorce process, see: How to file for divorce in England and Wales
Does adultery affect financial settlements?
In most cases: no
Adultery or infidelity does not usually affect how assets are divided.
Although “conduct” is listed as a factor under Section 25, the courts interpret this very narrowly. It only applies where the behaviour is:
- Exceptional, and
- So serious it would be inequitable to ignore it
In practice, this means:
- Having an affair—even a long-term one—is not enough
- Emotional wrongdoing is not treated as financial misconduct
The courts are focused on fairness, not fault.
What does ‘fairness’ mean in divorce?
The courts aim to achieve a fair outcome using three key principles established in case law (notably White v White [2001]):
1. Equal sharing
The starting point is that matrimonial assets are divided 50/50. Matrimonial assets generally include:
- The family home
- Savings and investments built up during the marriage
- Pensions accrued during the marriage
For more on how finances are divided: Divorce financial settlement: How assets are divided
2. Needs
If a 50/50 split doesn’t meet both parties’ needs, the court may depart from equality. This is very common.
Examples:
- One party may need a larger share to house children
- A lower-earning spouse may require more support
In many cases, needs override equal sharing.
3. Compensation (rare)
This applies where one spouse has given up a significant career for the marriage. It is less commonly used but still relevant in high-value cases.
Can a cheating spouse get more than half?
Uncomfortable as it may sound, yes—sometimes they can. If the cheating spouse:
- Has primary care of children, or
- Has significantly greater financial need
They may receive more than 50%, at least initially.
This is not a reward for wrongdoing—it’s about ensuring needs are met, particularly for children.
When conduct does matter
Conduct is only relevant in exceptional cases, such as:
- Serious financial misconduct (e.g. deliberately wasting assets)
- Criminal behaviour impacting finances
- Extreme personal conduct (very rare threshold)
For example, if a spouse recklessly dissipates marital funds during an affair, that financial conduct might be relevant—but the affair itself is not.
Does a new partner affect the outcome?
Sometimes—but indirectly
If your spouse is living with a new partner, the court may consider this when assessing their financial needs.
However:
- The new partner’s income is not simply added to your spouse’s
- The court considers what contribution the new partner ought reasonably to make
This often results in:
- A reduction in your spouse’s needs, rather than a direct increase in their resources
What about pensions and long-term assets?
Pensions are often one of the most valuable assets in a marriage and are treated separately.
Even if your spouse has been unfaithful, they may still be entitled to a share of pension assets built up during the marriage.
Learn more here: Pensions and divorce: How they are split
Children always come first
If you have children, their welfare is the court’s top priority.
Financial arrangements are often shaped around:
- Housing stability
- Day-to-day care needs
- Long-term wellbeing
For more on arrangements involving children: Child arrangements after divorce: A clear guide for parents
Can you agree a different split privately?
Yes—and many couples do. Even though the court might award a 50/50 split (or something different based on needs), you and your spouse are free to agree your own terms.
Why might a cheating spouse accept less?
- Guilt
- Desire for a quicker resolution
- Avoiding legal costs and conflict
However, any agreement should be formalised through a consent order.
Will the court approve any agreement?
Not automatically. The court has an independent duty to ensure the agreement is fair.
In the case of Sharland v Sharland [2015], the Supreme Court confirmed that while courts are influenced by agreements, fairness remains the key test.
Key takeaway: infidelity rarely affects finances
If you remember one thing, it’s this:
Divorce settlements in England and Wales are based on fairness and need—not blame.
Even if your spouse has been unfaithful:
- They are still entitled to a fair financial outcome
- That outcome may be 50/50—or not—depending on needs
- Adultery alone does not reduce their entitlement
Adultery and divorce settlements: Frequently asked questions
Do I lose money if I cheat on my spouse?
No, not in most cases. Infidelity does not usually impact financial division.
Will I automatically get half in a divorce?
Not necessarily. 50/50 is the starting point, but needs often change the outcome.
Can I refuse to give my cheating spouse anything?
No. The court will ensure a fair distribution regardless of behaviour.
Does it matter who files for divorce?
No. Filing first does not affect financial entitlement.
This guide is based on general principles of English and Welsh law, is intended for informational purposes only, and does not constitute legal advice or establish a professional relationship.
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