Call local rate
Mon - Fri 8:30am - 7pm | Sat - Sun 9am - 5pm
Call local rate 0330 383 0319
Mon - Fri 8:30am - 7pm | Sat - Sun 9am - 5pm
Call us: Mon - Fri 8:30am - 7pm, Sat - Sun 9am - 5pm

How does adultery affect divorce?

3 min read

‘Coldplaygate’ as it has been coined, is not the first, nor will it likely be the last, where a celebrity or other wealthy individual has been caught with someone who’s not their partner. In one of the biggest news stories so far in 2025, a US tech CEO was caught on the kiss-cam at a Coldplay concert with a woman who was later discovered to not be his wife. The clip went viral on TikTok before hitting the news headlines.

The ensuing divorce proceedings have been widely speculated across the media. Inevitably it brings up the question family lawyers hear time and time again: does cheating impact divorce financial settlements?

The legal reality

Many people assume that if one partner has an affair or behaves badly, the other is entitled to a larger financial share in the divorce. As family lawyers, we see this belief crop up frequently. The reality is often very different—and, for many, surprising.

In England and Wales, the starting point for dividing assets in a financial settlement is not about blame or morality. Rather, it is about need and fairness.

The court does have the discretion to consider “conduct” under Section 25 of the Matrimonial Causes Act 1973, but only in very limited circumstances. To count, the behaviour has to be so extreme that it would be “inequitable for the court to ignore it”. Essentially, this means behaviour that has a direct financial impact and is “both obvious and gross”. Usually this means reckless spending, gambling away joint assets or behaviour that seriously affects the other party’s ability to earn a living.

Nevertheless, this is the exception rather than the rule. In one 2015 case, a wife argued she should receive more because her husband had spent vast sums on drugs and escorts. The court disagreed. Despite his behaviour, she wasn’t entitled to “cherry pick” the benefits of his high-earning lifestyle while ignoring the costs of his personal failings.

The legal system is not there to punish people for bad behaviour. It’s designed to ensure that both parties’ financial needs are met fairly.

If every affair or argument could be dragged into court, the system would grind to a halt under the weight of personal grievances. That’s why courts only entertain conduct claims when the impact is clear, direct, and financial.

Can I use my partner’s infidelity against them in court?

It’s worth thinking carefully before trying to make misconduct a central issue in your divorce. Building a case around it can be time-consuming, emotionally draining, and expensive. Seeking expert legal advice will answer this question for you, and family lawyers will generally advise against it unless in very specific circumstances where there is evidence of financial harm or a serious impact on earnings.

Can public embarrassment impact my divorce settlement?

In a situation like the now-infamous kiss-cam, could public humiliation actually affect the outcome of a divorce?

Only in a very specific way. If the fallout from such an event caused measurable damage—like mental health struggles that limit someone’s capacity to work—that could potentially influence maintenance or capital settlements. But it wouldn’t be about moral judgment as it would come down to financial consequences.

Learn more about divorce and financial settlements

Final thoughts

If you’re facing divorce and wondering whether your partner’s behaviour could affect the outcome, it’s important to get clear, practical advice early on. While it’s tempting to want justice for emotional wrongs, the court’s focus remains firmly on the financial facts. However, it is important you can find an outlet for those emotions and get support for this as well as legal and practical advice. Seeking support from friends and family, or even professionals like divorce coaches can really help to process the emotions and detatch them from the practical side of the divorce.

Useful Links

Digital cheating: How social media is redefining infidelity

Micro cheating and emotional cheating: is all cheating equal?

My partner cheated, what’s next for us?

Please accept marketing-cookies to display Spotify content.

Joanna is a Partner at Stowe Family Law with extensive experience in divorce, financial matters, and private children law. Recognised for her strategic yet compassionate approach, Joanna supports clients through every stage of separation with clear, pragmatic advice and tailored solutions to help them achieve the best outcome for their families.

Leave a comment

A clear, three step process to peace of mind

1

Reach out

Book a free callback for a date and time that suits you using the form below, or call us now to speak to a member of the team straight away.

2

Free, confidential call

Speak to a member of our friendly team to discuss your situation in more detail so we can guide you to the best next steps.

3

Next steps

If you decide to proceed with us, our specialist team of lawyers will support you through every step of the legal process. Learn more about what to expect.

Subscribe
Close

Newsletter Sign Up

Sign up for advice on divorce and relationships from our lawyers, divorce coaches and relationship experts.

What type of information are you looking for? (Optional)


Read about how we use your data in our Privacy Policy. To opt out at any time, select ‘unsubscribe’ in any of our marketing communications, or email [email protected].

Privacy Policy
Close
Close