Does Adultery Affect Alimony Awards Under Missouri Law?

How Marital Misconduct Impacts Maintenance in Missouri

Missouri is broadly considered a 'no-fault' state when it comes to simply granting a divorce. This means you do not have to prove infidelity to legally dissolve your marriage. However, when it comes to the division of property and the awarding of spousal maintenance, fault is very much alive. Under Mo. Rev. Stat. § 452.335, judges are legally required to consider the 'conduct of the parties during the marriage' when determining if alimony should be granted, how much it should be, and for how long it should last.

If you are facing a divorce in Columbia, St. Charles, or Joplin, and infidelity is a factor, you need a highly strategic legal approach. An unfaithful spouse who assumes they will easily secure long-term alimony may be in for a harsh reality check. Utilizing our national lawyer directory to find a skilled Missouri family law attorney will help you leverage this misconduct to protect your financial future.

Step-by-Step Process for Addressing Adultery in Court

Proving adultery is not as simple as making an accusation. You must bring concrete evidence to the court. Here is the typical process for addressing infidelity during a divorce proceeding.

Step 1: Filing the Petition

The process begins when you or your attorney file a Form CAFC001, Missouri, Circuit Court, Petition for Dissolution of Marriage. In the initial pleadings, your attorney may formally allege marital misconduct as a contributing factor to the breakdown of the marriage. This puts the court on notice that conduct will be a contested issue.

Step 2: The Discovery Phase

During discovery, your attorney will issue subpoenas and interrogatories. You can legally demand credit card statements, bank records, and phone logs. This step is crucial for proving exactly when the affair started and how much money was spent on the paramour. If the cheating spouse refuses to answer, they can be deposed under oath.

Step 3: Presenting the Evidence at Trial

If the case does not settle in mediation, it will proceed to a trial at a local courthouse, such as the Boone County Circuit Court, Columbia or the St. Charles County Circuit Court, St. Charles. Here, your lawyer will present the financial records, hotel receipts, and witness testimonies. The judge will weigh this evidence against the statutory factors to formulate a final maintenance award.

Can a Cheating Spouse Still Receive Alimony?

Yes, it is legally possible. Adultery is not an absolute bar to receiving maintenance in Missouri. If a spouse committed adultery but is entirely financially dependent (for example, a stay-at-home parent with no earning capacity), the court may still award them some level of maintenance to keep them off state welfare. However, as established in precedents like Ballard v. Ballard, 77 S.W.3d 112 (MO Court of Appeals 2002), the court will likely reduce the amount or the duration of the support significantly due to their destructive behavior.

Dissipation of Marital Assets on a Paramour

Judges are particularly harsh when an affair drains the family's finances. This is known as 'dissipation of marital assets.' If the cheating spouse spent $15,000 on secret vacations, jewelry, and expensive dinners for their affair partner, the court will directly penalize them. The judge can order that the innocent spouse be reimbursed for their half of the squandered money by awarding them a larger share of the marital home or by heavily reducing any alimony obligations.

Emotional Affairs vs. Physical Affairs

In the digital age, 'emotional affairs' conducted entirely via text messages or social media are increasingly common. While a physical affair involves clear, undeniable sexual misconduct, an emotional affair can still be considered marital misconduct if it placed an undue burden on the marriage or caused the ultimate separation. Missouri courts evaluate how the conduct affected the innocent spouse. While an emotional affair might not carry the exact same weight as a long-term physical double-life, it absolutely negatively impacts the offending spouse's standing in the eyes of the judge.

How Much Does it Cost to Prove Infidelity?

Proving an affair adds complexity to a divorce, which increases legal fees. You may need to hire a private investigator, which generally costs between $1,500 and $3,500. Additionally, the intensive discovery process (subpoenaing bank records and taking depositions) increases your attorney's billable hours. A heavily litigated divorce involving adultery and contested maintenance can cost between $10,000 and $25,000 in attorney fees, but avoiding a lifetime of inflated alimony payments makes this a vital investment.

How Long Does the Process Take?

An uncontested divorce in Missouri can be finalized in as little as 30 days after filing. However, a divorce involving allegations of adultery, extensive financial discovery, and a fight over spousal maintenance is rarely uncontested. You should expect the process to take anywhere from 9 to 18 months before reaching a final trial date.

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