Does Infidelity Impact Divorce Settlements in Arizona?

Arizona is a No-Fault Divorce State

Arizona law follows a no-fault divorce model, which means that a spouse does not have to prove wrongdoing—like infidelity—to obtain a divorce. Instead, one spouse only needs to state that the marriage is “irretrievably broken.”

This rule is laid out under A.R.S. § 25-312, which governs the dissolution of marriage and states that neither adultery nor misconduct is required to file for divorce.

This approach can come as a surprise to many people who assume that cheating automatically tips the scales in divorce proceedings. However, in most cases, Arizona courts do not consider infidelity when making decisions regarding property division, alimony, or custody. The court’s focus is on dividing marital assets fairly and protecting the best interests of the children involved.

However, this doesn’t mean adultery never matters. Arizona judges do have limited discretion to consider certain types of behavior when it impacts marital finances or child well-being, as we’ll explore in the following sections.

When Adultery Can Affect Divorce Settlements

Although Arizona is a no-fault divorce state, there are specific circumstances where a spouse’s adultery may influence the outcome of a divorce.

The key is whether the infidelity caused financial harm or otherwise affected the marital estate.

For example, if a spouse used shared marital funds to support an extramarital affair—such as paying for hotel rooms, gifts, or vacations for their partner—this may be considered a misuse of marital assets. The other spouse may be entitled to a larger share of the remaining property or reimbursement for what was spent.

Additionally, if the cheating spouse’s conduct is so egregious that it negatively affected the children or led to emotional or psychological distress, the court may consider that behavior when evaluating child custody arrangements. However, this is less common and generally requires evidence beyond just the affair itself to affect property division.

In short, while the act of adultery alone does not create a legal advantage or penalty in an Arizona divorce, the consequences of that behavior—particularly financial misconduct—can be considered by the court.

Infidelity and Spousal Maintenance (Alimony)

Spousal maintenance, also known as alimony, is sometimes awarded in Arizona when one spouse is financially dependent on the other. According to A.R.S. § 25-319, Arizona courts evaluate a list of factors when determining whether spousal maintenance should be awarded and in what amount.

Notably, adultery is not listed as a factor in this statute. The law focuses instead on practical issues such as:

• The length of the marriage
• The standard of living during the marriage
• Each spouse’s age, health, and earning ability
• Contributions to the other spouse’s career or education
• The ability of the paying spouse to meet their own needs while supporting the other

That said, if the cheating spouse spent substantial marital funds on the affair—impacting the financial condition of the other spouse—the court may indirectly consider that when determining the amount of alimony to award. It’s not because of the spouse’s infidelity itself, but because of the resulting financial inequity that can affect alimony.

In some cases, if one spouse is left in a significantly worse financial position due to the affair’s expenses, a judge may increase the alimony award to help offset the imbalance.

Impact on Property Division and Use of Marital Assets

Arizona is a community property state, which means that all assets and debts acquired during the marriage are generally split 50/50 between spouses during divorce, as outlined in A.R.S. § 25-211. However, this division must be “equitable,” and not necessarily a perfect 50/50 split, if there is financial misconduct.

This is where adultery can become relevant—if the cheating spouse used community funds to support an extramarital affair. The court may adjust the property division to account for this misuse.

For example, if one spouse secretly used $10,000 in joint funds to take their affair partner on a luxury vacation, the other spouse may be awarded an additional $5,000 to account for the unfair depletion of community property. Judges have the discretion to do this to ensure the final division is fair and equitable.

In these situations, maintaining detailed financial records and consulting with a skilled family law attorney can help establish the improper use of funds.

Property Division Adjustments in Infidelity Cases

Child Custody and the Role of Parental Misconduct

Adultery does not typically affect child custody decisions unless the affair directly impacts the child’s well-being. Under A.R.S. § 25-403, Arizona courts make custody determinations based on the child’s best interests, considering factors such as:

• The relationship between the child and each parent
  
• Each parent’s ability to provide stability
  
• The child’s adjustment to home, school, and community
  
• Any history of domestic violence or substance abuse

If a parent’s extramarital affair led to instability in the home, frequent absences, or emotional distress for the child, the court may consider that when deciding custody.

But the simple fact that a parent cheated does not automatically mean they will lose custody or parenting time.

Each case is evaluated individually, and the impact of the affair must be clearly tied to parenting quality or the child’s welfare.

Real-World Example: When Adultery Becomes a Legal Issue

Consider a real-world example involving a couple from Scottsdale, Arizona. After 14 years of marriage, the wife discovered that her husband had been involved in a long-term affair and had used over $20,000 of community funds on gifts, hotels, and airline tickets for his affair partner. The husband had also withdrawn money from a joint savings account to pay for the expenses without informing his wife.

During the divorce proceeding, the court found that this conduct constituted financial misconduct. The judge ordered the husband to reimburse half of the misused funds to the wife through an unequal property division and adjusted the spousal maintenance award accordingly. The court did not penalize the husband for cheating per se, but the financial impact of his behavior changed the outcome of the settlement.

Covenant Marriages and Fault-Based Grounds

There is one important exception to Arizona’s no-fault divorce model: covenant marriages. Under A.R.S. § 25-903, a covenant marriage requires couples to attend pre-marital counseling and agree to more limited grounds for divorce.

In a covenant marriage, adultery is one of the legal reasons a spouse can use to file for divorce.

If you’re in a covenant marriage and your spouse committed adultery in Arizona, you can file based on fault grounds, and the court will formally recognize the misconduct.

While covenant marriages are rare in Arizona, they do provide a legal framework where infidelity directly impacts the divorce process.

6 FAQs About Infidelity and Divorce in Arizona

⒈ Can I get more alimony in Arizona if my spouse cheated?

Not directly. Arizona does not consider fault in awarding alimony; however, if the affair has caused financial harm, the court may adjust the amount of support.

⒉ Will the cheating spouse lose custody?

Only if the affair negatively affected the children’s welfare. Custody decisions focus on the child’s best interests, not moral judgment.

⒊ Can I use adultery as grounds for divorce in Arizona?

Only in a covenant marriage. Otherwise, Arizona follows no-fault divorce laws.

⒋ What if my spouse spent marital funds on the affair and how does it affect property division?

You may be entitled to reimbursement or a larger share of the marital assets to account for the misuse of funds.

⒌ Does adultery affect the division of debts?

Yes, if debts were incurred due to the affair, the court may assign responsibility for those debts to the cheating spouse.

⒍ Is adultery a crime in Arizona?

Technically, yes—under A.R.S. § 13-1408, adultery is listed as a crime, but it is rarely prosecuted.

If your divorce involves infidelity, it’s important to understand your rights and the potential impact on your financial and parenting future. While adultery may not carry the weight it once did in divorce courts, it can still play a role, especially if it involved hidden assets, financial waste, or affected your children’s well-being.

At the Law Offices of Daniel Hutto, we’ve handled divorce cases involving marital misconduct, hidden spending, and high-conflict disputes. With experience in both family and criminal law, Daniel Hutto is uniquely qualified to assess whether your spouse’s behavior could legally impact your divorce settlement. We take the time to thoroughly evaluate each case and build a strategy focused on protecting your interests.

We offer complimentary consultations, allowing you to speak directly with an attorney about your specific situation. Whether you’re facing a divorce due to infidelity or simply need guidance on dividing property and custody fairly, we’re here to help.

Call us today at 602 536-7878 or visit our contact form to schedule your consultation. Let us help protect what matters most.