Infidelity can break trust in a marriage and make divorce more painful. Many people in Tennessee believe cheating automatically changes custody or alimony decisions. In reality, that is rarely true.
Tennessee courts may look at adultery, but they don’t punish people for moral reasons. Judges focus on fairness, finances, and what’s best for the child—not on blame.
Let’s look at how cheating can (and can’t) affect custody and alimony in a Chattanooga divorce.
Adultery as a Ground for Divorce
Under Tenn. Code Ann. § 36-4-101, adultery is one of several legal “grounds for divorce.” This means a spouse can file for divorce because their partner had a voluntary sexual relationship with someone else.
Proving adultery can be difficult. Judges need clear evidence that the affair happened. But even if it’s proven, that doesn’t automatically change how property division, custody, or support are decided.
Most couples in Chattanooga choose a no-fault divorce based on “irreconcilable differences” because it’s faster and less stressful. Still, fault can matter in certain parts of the case—especially alimony.
How Cheating Can Affect Alimony
Tennessee’s Alimony Law
When a court decides alimony, it follows Tenn. Code Ann. § 36-5-121. The judge looks at each spouse’s income, health, education, and ability to support themselves. One factor on that list is “the relative fault of the parties”—meaning the judge may consider who caused the breakup. But fault is only one part of a much bigger picture.
A spouse who cheated might receive less alimony if the affair caused financial harm or emotional distress. However, if that spouse still has a real financial need, the court may still award support. Tennessee law focuses more on fairness than on punishment. Courts also do not award “punitive alimony”; fault can be considered but not used to punish. See these summaries discussing Tait v. Tait and the Tennessee Supreme Court’s Gonsewski framework: Alimony law overview and Gonsewski case summary.
What Chattanooga Courts Usually Do
Local judges often consider fault only when it connects directly to money. For example, if a spouse used marital funds—like joint credit cards or savings—to pay for travel or gifts during an affair, that could count as marital waste. In that case, the other spouse might get a higher share of property or less alimony to pay. If the cheating did not affect finances, Hamilton County judges typically base alimony on income, need, and ability to pay—not on moral conduct.
Does Cheating Affect Custody or Parenting Time?
Custody in Tennessee is based on the child’s best interests, not a parent’s personal mistakes. The law, found in Tenn. Code Ann. § 36-6-106, lists many factors for judges to consider. These include the child’s relationship with each parent, stability, and which parent can provide the safest and healthiest environment. Custody decisions turn on the child’s needs, not blame.
Adultery usually doesn’t matter unless the affair directly affected the child.
- If the parent left the child unattended to meet their partner
- If the child was exposed to conflict or inappropriate behavior in the home
If none of that happened, cheating plays little or no role in custody decisions.
Moral Conduct vs. Parenting Ability
Years ago, courts sometimes linked adultery to a parent’s “moral fitness.” Today, that standard is practical. Judges want to know if the parent’s actions harm the child. A parent who remains caring, consistent, and cooperative with the other parent will likely keep shared or primary custody, even if they cheated. Custody changes only when behavior creates instability or emotional harm.
Property Division and Marital Waste
When dividing assets, Tennessee uses equitable distribution—a fair but not always equal split. Under Tenn. Code Ann. § 36-4-121, judges can adjust each spouse’s share if one person misused marital funds. Spending money on an affair—such as hotel bills or gifts—can count as dissipation of marital assets. The court can award the other spouse a larger portion to make up for the loss. However, adultery alone, without financial waste, usually won’t affect property division.
Gathering Evidence Carefully
Adultery is often proven through messages, photos, or witness statements. The proof must be obtained legally. Tennessee is a one-party consent state for recording conversations (you must be a party to the call or have consent from one party). Do not intercept communications you are not part of, and do not access private accounts unlawfully. Helpful references: DMLP: Tennessee Recording Law • RCFP: Tennessee Guide • Tenn. Code Ann. § 39-13-601
How Local Courts View Infidelity
Hamilton County judges generally separate personal betrayal from legal analysis.
- Alimony: Fault is one factor; need and ability to pay come first (§ 36-5-121).
- Custody: Focus is on the child’s best interests (§ 36-6-106).
- Property: Adjusted only for clear financial misconduct, like dissipation (§ 36-4-121).
A lawyer who practices regularly in Chattanooga’s Family Division will know how each judge tends to approach fault issues and what kind of evidence carries weight.
Steps to Protect Yourself After Discovering Cheating
- Keep calm and avoid confrontations. Emotional outbursts can affect custody or protective orders.
- Collect copies of joint financial records, credit reports, and bank statements before filing.
- Meet with a divorce lawyer early to decide whether to raise adultery in your case. Sometimes, it’s better to file as “no fault” while still using evidence of misconduct in private settlement talks.
When Alleging Adultery Makes Sense
- Your spouse used marital money to support the affair
- The affair created instability for the child
- You need to show a pattern of dishonesty that affects finances
Otherwise, many lawyers prefer to keep fault claims private and focus on a fair agreement.
Privacy and Emotional Considerations
Divorce filings in Tennessee are generally public, which means fault-based allegations can appear in court records. Many couples prefer mediation or a Marital Dissolution Agreement to keep details private.
A Chattanooga family law attorney can help you find the best way to protect both your privacy and your financial security.
Key Takeaways
- Adultery is a legal ground for divorce, but it rarely decides the case (§ 36-4-101).
- It may affect alimony when linked to financial loss or unfairness; alimony isn’t used to punish (§ 36-5-121; Gonsewski summary).
- It almost never changes custody unless the affair harmed the child (§ 36-6-106).
- Property division may be adjusted if marital funds were used to fund the affair (§ 36-4-121).
- Tennessee courts focus on stability, fairness, and the child’s best interests (§ 36-6-106).
Talk With a Chattanooga Divorce Lawyer
If you’re facing divorce after infidelity, it’s important to understand your rights before you act. Every situation is different, and early legal guidance can protect your finances, your privacy, and your relationship with your children.
The attorneys at Mochel Law help families throughout Chattanooga and Hamilton County navigate divorce and custody issues with care and clarity. Visit our Divorce page or learn more about our Family Law services to schedule a confidential consultation.
FAQs
Does adultery affect divorce in Tennessee?
It can be listed as a fault ground under § 36-4-101, but it doesn’t decide the whole case.
Can cheating change alimony?
Sometimes. Under § 36-5-121, fault can be considered if the affair caused financial harm, but alimony isn’t used to punish a spouse.
Does cheating matter in child custody?
Rarely. Custody turns on the child’s best interests under § 36-6-106.
Can adultery affect property division?
Yes, if there was dissipation—spending marital funds on the affair. Courts can adjust shares under § 36-4-121.
Should I file on adultery grounds or no-fault?
It depends on your facts. No-fault is often quicker. If there’s clear financial waste, fault may help in settlement. Talk to a local attorney.