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Does Cheating Affect Divorce Settlement in Canada?

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After breaking the relationship between you and your husband, I mean to say after divorce, you need to reach a financial settlement to move forward.

It can be your key to successfully moving forward and having a significant impact on your life, at least for the next few years. That is why you need to be conscious of the divorce settlement.

People have a lot of confusion regarding this divorce settlement issue. A frequently asked question is, “Does cheating affect divorce settlement in Canada?” Let’s know it.

Before going to the main discussion, we should know some basic things to discuss. Let’s talk about this.

Grounds For The Divorce In Canada

When it comes to getting a divorce settlement, you need to know when you can get divorced and when you deserve a divorce settlement.

Firstly, you need to be with your spouse or partner to get a divorce. After that, you need to prove in court that your marriage hasn’t worked out. It has irretrievably broken down, and you need a divorce.

At that time, you need to show the legal grounds for your divorce. Here one notable thing is the person who applies for divorce is the petitioner, and the other party is the respondent.

On the other hand, the petitioner has to prove that their marriage has broken down on reasonable and legal grounds. There are a lot of grounds for a divorce as follows,

Read Also: Why You Need a Marriage Contract?


Adultery means someone’s partner has had sexual relations with someone else of the opposite sex. It must be actual sexual intercourse to be considered adultery. Just a kiss or hug will not count as adultery.

Change in behavior

If your partner does any outrageous behavior, you will be able to apply for divorce. Here for giving the divorce petition, you have to prove that unreasonable behavior occurred, and secondly, there aren’t any other grounds for divorce.

Separation for two years with the agreement

If you and your partner are separated for the last two years with an agreement, you can apply for divorce.

Separation for five years without agreement

If you and your spouse live apart for the last five years without any agreement, it can be used as a ground for your divorce.

Read More: Automatic Divorce After Long Separation in Canada


If your husband left you alone without any agreement or reasonable reason, it would be considered desertion. Here one notable thing is your husband must have the intention to end your marriage relationship.

Also Read: Top 10 Reasons for Divorce in Canada

Does cheating affect divorce settlement in Canada?

Many people think that the ground for adultery, cheating, or unreasonable behavior will increase the divorce settlement amount. Because they are the victims and they should get a favorable financial settlement.

Anyways this is a kind of misconception. In all the cases, for all the grounds, the financial settlement is nearly the same in Canada and most of the country as far as we know.

Here the court doesn’t look at anything other than fulfilling the grounds for the divorce. I hope you got the answer. Some of the significant effects of cheating are as follows,

There is no impact on the settlement

This point is meant to clarify that cheating, desertion, adultery, or unreasonable behavior do not have any influence on the divorce settlement.

Every ground of the divorce makes sure the same amount of money for the alimony. It is better to stay separated when your partner is not behaving well with you.

No impact on child custody

There also has no impact on child custody. That means whatever your partner is done, the child custody system and the amount of child support will be the same. The right to visitation will be the same as the victim’s parent.

Little impact on the property settlement

Though there hasn’t been any impact on the divorce settlement of cheating, it influences the settlement of his/her partner’s earnings and assets.

Here the reason is cheater’s spouse may use it as leverage to continue their lifestyle. At that time, you have to mention it in court or let your lawyer know about this issue if you want to get more from your partner’s property.

Expenses will be attached with the alimony

If your partner is a cheater, he can be involved in many evil works. For this reason, s/he could expense irrationally.

That irrational expenses will be added to the amount of alimony. In this case, you need to mention this before, at least with your lawyer.

No grounds in no-fault divorce areas

There are a lot of countries in the world where no-fault divorce is legal. In that case, you don’t even give any reason to the court to get a divorce.

In those countries, there is no impact on the divorce settlement of anything. So, your grief will not be considered by the court.

The Bottom Line

There have been some misconceptions and confusion regarding the divorce settlement issues among the people of Canada. People who think that a partner’s cheating can increase the amount of alimony are wrong. However, in case of any confusion or regarding any information, ask or hire a divorce lawyer.

Frequently Asked Questions

Does adultery matter in divorce in Canada?

Adultery is one of the grounds for divorce in Canada, but it must be committed by the other party; a spouse cannot file for divorce based on adultery.

Is it illegal to cheat on your spouse in Canada?

Adultery may have legal consequences in terms of divorce proceedings, such as affecting the division of assets, spousal support, or child custody arrangements, but it is not a criminal offense. Canada decriminalized adultery in 1969, and it is not subject to criminal prosecution.

Can adultery affect the outcome of a divorce settlement?

Can adultery impact my divorce settlement? The quick answer is 'no', which may surprise you. Injured parties may feel entitled to a more substantial financial settlement when filing for divorce due to infidelity.

What happens in a divorce when a spouse cheats?

Whether the husband or wife cheated, in a divorce case where one committed adultery and the other did not, the divorce terms may favor the one who did not have an extramarital affair.

How soon can I divorce after adultery?

To use adultery to get a divorce, you must file within six months after discovering the infidelity. It must be your partner's infidelity, not your own. Your spouse must have had sex with the opposite sex.

What are the consequences of adultery?

Adultery leaves emotional scars of guilt, anxiety, and worry. Participants suffer from low self-esteem, damaged personalities, and sadness. Untreated emotional issues can contribute to premature mortality.

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