Infidelity is one of the most emotionally charged issues that can arise in a marriage, and for many, it becomes a central factor leading to divorce. In Massachusetts, adultery can influence certain aspects of a divorce case, but its impact is often misunderstood. While Massachusetts recognizes both “fault” and “no-fault” divorces, the role that infidelity plays depends largely on the specific circumstances and the discretion of the court. This article explores how adultery can affect asset division, child custody, and other elements of a divorce in Massachusetts.
Fault vs. No-Fault Divorce in Massachusetts
Massachusetts allows spouses to file for divorce under “no-fault” or “fault-based” grounds. The vast majority of divorces are filed under no-fault divorce, meaning that neither party must prove wrongdoing. Instead, the marriage is deemed “irretrievably broken.” However, Massachusetts law also permits filing on fault grounds, including adultery. Filing a fault-based divorce on grounds of adultery can be emotionally validating for some spouses, but it rarely changes the ultimate outcome of the case unless the adultery had a direct financial or emotional impact on the marriage.
Effect of Infidelity on Property and Asset Division
Massachusetts follows an “equitable distribution” model when dividing marital property. This means assets are divided fairly but not necessarily equally. In most cases, the court does not punish a spouse financially for having an affair. However, adultery can influence asset division if it involved the misuse or “dissipation” of marital funds — for example, if one spouse spent significant marital money on gifts, vacations, or housing for the person with whom they had an affair. The court may then adjust the property division to compensate the innocent spouse for those losses.
Impact on Child Custody and Parenting Time
Adultery itself does not automatically affect child custody determinations in Massachusetts. The court’s focus remains on the “best interests of the child,” not the personal moral failings of either parent. However, infidelity can become relevant if the affair had a direct impact on the children’s well-being — for example, if the child was exposed to inappropriate behavior, or if the relationship created instability in the family home. Judges consider each parent’s ability to provide a safe, stable, and supportive environment when making custody decisions.
Influence on the Marital Home
The marital home often becomes a major point of contention during a divorce, especially when one spouse’s infidelity led to the breakdown of the marriage. While adultery alone doesn’t dictate who stays in the home, courts may give preference to the parent who serves as the child’s primary caretaker. In some cases, if the unfaithful spouse has already moved out, that absence may inform temporary or long-term housing arrangements ordered by the court.
Contested vs. Uncontested Divorce
Infidelity often turns an otherwise straightforward separation into a contested divorce, where the emotional fallout leads to disputes over finances, property, or custody. However, if both spouses can reach an agreement on all major issues, they may still proceed with an uncontested divorce. In these cases, even if adultery occurred, it may have little bearing on the settlement as long as both parties cooperate in finalizing the divorce terms.
When Infidelity Leads to Emotional or Financial Complications
Adultery can deepen emotional wounds and complicate communication between spouses, often making mediation or settlement more difficult. It can also trigger distrust around financial matters, prompting more scrutiny of bank accounts, spending, and hidden assets. This is why having experienced legal counsel is essential — to ensure that the process remains fair and that emotions do not overshadow legal rights.
If you are considering divorce and believe infidelity may play a role in your case, consulting with a knowledgeable Massachusetts family law attorney can help clarify your options. An attorney can explain how asset division, child custody, and other divorce issues may be affected in your specific situation, and help you navigate the process with clarity and confidence. Contact me at (508) 752-2727 to schedule a confidential consultation to discuss your case.