My spouse cheated. Does this mean I am entitled to more money?
In Alberta, divorce is based on no fault grounds which means that the reason a marriage ends does not affect how assets are split or how parenting responsibilities are decided. Whether one spouse was unfaithful or the marriage simply broke down over time, the family law system treats both partners equally when it comes to financial outcomes and parenting arrangements.
Adultery might feel like a major factor in the decision to separate, but it has very little impact on property division. Alberta follows an equalization formula that measures each spouse’s net family property generally on the date they separated, or as of the date of trial. The difference in value is divided so both people leave with a roughly balanced share. In most cases, adultery does not reduce or increase the share an unfaithful spouse receives under this formula.
Spousal support decisions focus on factors such as income disparity, length of the marriage, and contributions made during the relationship. A judge will consider whether one spouse needs ongoing financial help to maintain a reasonable standard of living. The fact that someone committed adultery is rarely a deciding factor in support calculations. Instead, the emphasis is on economic realities and fairness after separation.
Parenting arrangements and child support follow the principle of the child’s best interests. Courts look at stability, each parent’s ability to care for the child, and the importance of maintaining strong relationships. Adultery is rarely, if ever, part of this assessment. Parenting time schedules and child support amounts are determined by official guidelines that keep the child’s needs as the top priority.
If you are separating and adultery played a role, it helps to focus on practical steps rather than fault. Gather documents that show all assets and debts. Keep records of your income and expenses. Consider mediation or collaborative negotiation to reach an agreement without going to court. A family lawyer can guide you through the equalization process and help you address spousal support and parenting concerns.
Divorce in Alberta remains focused on fairness and the future rather than past mistakes. If you are facing separation and wondering how adultery might affect your situation, reach out to Mint Legal for clear guidance and support. Our team is ready to help you navigate each step with confidence and compassion.