Skip to content

Menu

LexBlog, Inc. logo
NetworkSub-MenuBrowse by SubjectBrowse by PublisherJoin the NetworkGet StartedSubscribeSupportContact
Search
Close

Adultery Law in Minnesota: Will it Impact My Divorce?

By Jason Brown on February 23, 2023
Email this postTweet this postLike this postShare this post on LinkedIn

Adultery can cause a marriage to become an emotional nightmare, and it’s a common cause of divorce. When you’re ending your marriage because one or both of you has cheated on the other, it’s possible that the adultery will impact the outcome of your divorce in Minnesota.

Minnesota is a “no-fault” state, which means if you or your spouse believe that your marriage is “irretrievably broken” (it is so badly damaged that you can’t save it), the court will grant your divorce. There’s no need to get into why the marriage failed or who was at fault.

There are situations which “fault” creeps into the equation. For example, suppose an unfaithful spouse burned through your marital savings to buy jewelry for an extramarital lover. In that case, the court might very well consider that evidence when awarding bad conduct attorney’s fees or when deciding who gets what in the property division award.

Judges can award spousal maintenance when a supported spouse shows a financial need. However, spousal maintenance is not simply awarded because a spouse commits adultery. Minnesota law prohibits judges from considering adultery when deciding the amount and duration of spousal maintenance.

In general, adultery does not affect custody or child support. Judges in Minnesota must use the state’s child support guidelines, which do not include marital misconduct. Instead, the judge will consider the parent’s gross income, number of children, and any special circumstances, like childcare or extraordinary health care costs.

When evaluating child custody, courts only consider what’s in the child’s best interest. A parent’s marital misconduct will not impact custody directly. However, if a parent’s actions jeopardize the child’s best interests in the future, the court may limit or deny custody or visitation to protect the child.

For example, if a parent commits adultery during the marriage and continues the relationship after the divorce, but the new partner has a history of child abuse or domestic violence, the court may consider that relationship when deciding custody and may restrict visits based on any potential risk to the child.

Photo of Jason Brown Jason Brown

Jason Brown is a shareholder with  Barna, Guzy & Steffen, where he specializes in divorce and family law. With 25 years of experience, he is ready to provide the answers you need. Call (763) 783-5146 to speak with Jason.

Email
  • Posted in:
    Family
  • Blog:
    Minnesota Family Law Blog
  • Organization:
    Brown Law Offices, P.A.
  • Article: View Original Source

Call us at 1-800-913-0988 or email sales@lexblog.com.

Facebook LinkedIn Twitter RSS
The Library at LexBlog
  • About LexBlog
  • The Field We Built
  • Library at LexBlog
  • Our Beliefs
  • Our Team
  • Contact LexBlog
  • Disclaimer
  • Editorial Policy
  • Terms of Service
  • Get Started
  • Publishing Solutions
  • Compass
  • Submit a Request
  • Support Center
  • System Status
Copyright © 2026, LexBlog, Inc. All Rights Reserved.
Law blog design & platform by LexBlog LexBlog Logo