Introduction
Discovering that your spouse has been unfaithful is an emotionally devastating experience. When a marriage ends because of adultery, many people want to know: Does infidelity matter in Minnesota divorce court? Can cheating impact alimony, child custody, or who gets what?
The short answer is no, not directly — Minnesota is a no-fault divorce state. But there are a few important exceptions where infidelity can have an indirect impact on the outcome of your divorce case. In this blog, we explain what the law says, how infidelity is treated in court, and when it might actually matter.
What Is a No-Fault Divorce State?
Minnesota is one of many states that follows the no-fault divorce model. This means:
- Neither spouse has to prove the other did anything wrong
- The only legal reason for divorce is an “irretrievable breakdown” of the marriage
- You do not need to prove adultery, cruelty, abandonment, or any other fault-based ground
This makes divorce faster and more straightforward — but it also means that judges typically do not consider bad behavior like cheating when making key decisions.
Can You Still Mention Infidelity in Court?
Yes, you can mention it — but don’t expect the judge to assign blame or change the court’s decisions just because one spouse had an affair. Judges are focused on resolving legal issues fairly and efficiently, not punishing moral failings.
However, there are three key areas where infidelity can affect your divorce indirectly:
1. Division of Property and Assets
Minnesota courts aim for equitable distribution, which means assets and debts are divided fairly — not necessarily equally. Normally, misconduct like infidelity is not a factor. But there is one exception:
If your spouse used marital funds to support their affair — for example, spending money on gifts, trips, or hotel rooms — the court may count this as dissipation of assets.
If proven, the judge can:
- Order the cheating spouse to repay marital funds
- Adjust the division of assets in your favor
This is one of the few financial consequences of cheating in a Minnesota divorce. To prove dissipation, you’ll need:
- Credit card or bank records
- Receipts or invoices
- Testimony or admissions
2. Spousal Maintenance (Alimony)
Spousal maintenance, also known as alimony, is awarded based on need and ability to pay. The court looks at:
- Length of the marriage
- Standard of living
- Financial resources
- Age and health of both parties
- Education and work history
Infidelity generally does not influence the court’s decision unless it directly affects financial matters.
For example, if your spouse left you for another partner and moved in with them, it might reduce their living expenses — which could affect how much alimony they are required to pay (or how much they can claim).
But emotional harm or betrayal, by itself, is not considered a valid reason to adjust spousal maintenance.
3. Child Custody and Parenting Time
When it comes to child custody, Minnesota courts focus exclusively on the best interests of the child. They will not base custody decisions on adultery — unless it directly affects the child’s well-being.
For example:
- If your spouse left the children alone to meet up with their affair partner
- If they exposed your child to unsafe people or situations
- If their behavior shows poor judgment or instability
In these situations, the court may weigh the parent’s conduct as a sign of their ability (or inability) to act in the child’s best interests.
But simply having an affair — even if it caused the marriage to end — is not grounds to deny custody or parenting time.
You can learn more about what courts consider by visiting our blog: How Does Minnesota Define ‘Best Interests of the Child’ in Custody Cases?
How to Prove Financial Misconduct Related to Infidelity
If your spouse used shared funds to carry on an affair, you may be able to recover some of that money during property division.
Here’s what can help:
- Bank and credit card statements
- Hotel or travel receipts
- Text messages or emails
- Social media posts
- Witness testimony (friends, family, or private investigators)
Gathering this evidence early can help your attorney build a case for dissipation of assets.
Do You Need to Hire a Private Investigator?
Hiring a private investigator is a personal choice. In most no-fault divorce cases, it is not necessary, since courts won’t punish cheating spouses.
However, if you suspect:
- Hidden spending
- Financial misconduct
- Unsafe behavior involving your children
Then a private investigator may help uncover hard evidence that supports your legal case.
Be sure to discuss this option with your divorce attorney first — they can guide you on whether it’s worth the cost and how it fits into your legal strategy.
What If You Want to Keep the Divorce Peaceful?
Even if your spouse cheated, you may prefer to pursue a low-conflict divorce — especially if children are involved.
In these cases, options like mediation or collaborative divorce can help you work out a fair settlement without dragging personal issues into court.
Learn more about Mediation vs. Court in Minnesota Custody Disputes and how it can work for divorce cases too.
Final Thoughts: Focus on What Matters
Infidelity can hurt deeply — but in Minnesota divorce court, it’s the practical outcomes that matter most. Rather than focusing on blame, the court will prioritize:
- A fair financial outcome
- The well-being of your children
- A clean and lawful division of your marriage
At Martine Law, we understand the emotional complexity of divorce. Our team is here to help you protect your rights, uncover financial misconduct if it occurred, and move forward with strength.
Get Trusted Legal Support Today
If you’re ending your marriage due to infidelity and want to understand your options, reach out to Martine Law for a free consultation. We’ll walk you through your rights, help you gather the right documentation, and fight for what you deserve.