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How Infidelity Affects Divorce Settlements in Utah
Infidelity plays a role in a significant number of divorces nationwide, and Utah is no exception.
According to recent research from the Institute for Divorce Financial Analysts, infidelity continues to be a top reason behind nationwide divorces, alongside incompatibility and money issues.
Utah therapists and marriage counselors report similar patterns: affairs (including emotional affairs, online relationships, and situations tied to watching pornography) are among the most common marital problems couples bring into counseling.
In fact, in a 2025 poll by NapLab, Utah ranked as the 10th state in which people are the most likely to cheat on their significant other.
Because marital infidelity shows up so frequently in divorce filings, many Utahns want to know whether a cheating spouse has a real impact on a divorce settlement.
The short answer is sometimes. Utah allows both no-fault and fault-based divorce, and infidelity can influence issues like alimony, property division, and even the way the court views each spouse’s conduct.
This post will break down how infidelity affects divorce settlements in Utah, what the law actually says, and what matters most if you’re dealing with divorce after infidelity.
Is Infidelity in Marriage Grounds for Divorce in Utah?
In short, the answer is yes.
Utah recognizes both “no-fault” and “fault-based” divorce. Infidelity, including emotional affairs, physical cheating, or situations where one spouse commits adultery, is legally considered marital misconduct.
That means filing for divorce for infidelity is allowed. However, the bigger question most people have is this: Does infidelity actually change the outcome of the divorce?
Sometimes it does. Sometimes it doesn’t. In all cases, Utah courts look at the details carefully.
Does Infidelity Affect Alimony in Utah?
Here’s where Utah divorce laws on infidelity matter most.
A judge can consider marital infidelity when deciding alimony if the affair contributed to the marriage ending. In plain terms:
- If the court sees the cheating as a major cause of the breakup, the unfaithful spouse may receive less alimony (or none at all).
- If the betrayed spouse suffered financial setbacks tied to the affair, the judge may weigh that as well.
On the other hand, if both partners had long-standing marital issues or the marriage ended for several reasons, the court may decide infidelity isn’t the deciding factor.
The bottom line is that Utah looks at the full picture, not just the affair itself.
Does Infidelity Affect Property Division?
Property division in Utah is usually based on fairness, not punishment. Marital infidelity alone doesn’t mean the betrayed spouse automatically receives more of the assets.
However, infidelity can matter if:
- Marital money was spent on the affair (travel, gifts, hotel rooms, dates, money sent to the other woman or other women, etc.).
- The cheating spouse used joint accounts to support the relationship.
In those cases, the betrayed partner may be compensated for the wasted funds.
Think of it this way: the court won’t punish someone simply for having an affair, but it won’t overlook money that was taken from the marriage for that affair.
What About Child Custody?
When it comes to custody arrangements, Utah courts keep the focus on one thing: the child’s well-being. Infidelity may feel central for the adults involved, but it rarely becomes the deciding factor unless the affair directly affects the child’s safety or stability.
Instances in which infidelity may impact custody arrangements:
The Affair Created Unsafe Conditions
This can include situations where a spouse left a young child alone to meet an affair partner, introduced the child to someone who posed safety concerns, or exposed the child to inappropriate or risky environments.
In these cases, the issue isn’t necessarily the infidelity itself, but rather it’s the danger it created.
The Unfaithful Spouse Neglected Parenting Duties
Judges look closely at patterns of behavior. Repeatedly missing pickups, failing to supervise the child, or prioritizing the affair over the child’s immediate needs can raise questions about that parent’s reliability and judgment.
The New Relationship Disrupted the Child’s Stability
When a dating relationship moves too fast (such as introducing a new partner right away, having frequent overnight guests, or making major routine changes), the court may view this as disruptive to the child’s sense of stability.
Outside of these situations, a cheating spouse isn’t considered an unfit parent simply because the marriage ended over an affair. Utah judges separate marital infidelity from parenting ability.
Custody decisions stay grounded in a child’s need for consistency, safety, and supportive caregiving, rather than labels or blame.
Do You Need Proof of Infidelity in Divorce Court?
If you’re filing for fault-based divorce, the court may require proof of infidelity in divorce proceedings. That may include:
- texts or emails
- photos
- financial records
- social media messages
- testimony
In most cases, you don’t need overwhelming evidence; you just need enough to show the affair happened and had a real effect on your marriage.
What If the Unfaithful Partner Was Watching Pornography?
In Utah, pornography use isn’t automatically treated the same way as an affair, but it can become part of a divorce case if it damaged the marriage in a meaningful way.
For some couples, watching pornography becomes a form of marital infidelity when it breaks agreed-upon boundaries or contributes to emotional distance, secrecy, or dishonesty. If it played a role in the marriage ending, the court may consider it alongside other conduct when evaluating alimony or the overall circumstances of the breakup.
When pornography use leads to financial problems (paid subscriptions, hidden spending, or charges tied to explicit content), those records can come into play. While a judge won’t label someone an unfit parent solely because of this behavior, they may look at patterns of secrecy, neglect of family responsibilities, or choices that disrupted the home.
The key question the court asks is whether the behavior affected the marriage or the family materially.
Should You Try Marriage Counseling Before Filing?
Infidelity is more common than many people think. According to Divorce.com, about 10-15% of married women and up to 25% of men cheat in their marriages.
Many couples try marriage counseling or couples therapy before deciding whether the marriage can survive infidelity. A marriage counselor can help both partners slow down, sort through their feelings, and decide if staying married is possible.
Some people wanted counseling years ago, but couldn’t get their spouse on board. Others try counseling as a final step before choosing divorce. There’s no single right answer, and these matters are understandably complicated.
If you eventually decide divorce is the path forward, the healing process continues, and that’s okay. There is no shame in choosing the direction that helps you move forward with honesty and peace.
How Utah Judges View Infidelity in Marriage: A Simple Summary
Here’s the big picture:
- Infidelity can affect alimony.
- It rarely changes the property or real estate division unless marital funds were used.
- Custody decisions focus on the kids, not the affair.
- Proof matters if you file a fault-based divorce.
Taken together, these points show how Utah approaches infidelity in a practical, measured way. The courts don’t overlook the hurt it caused, but they also don’t turn every divorce after infidelity into a punishment. Instead, judges look at conduct, finances, parenting, and the facts surrounding the breakup.
If you’re unsure how the details of your own situation fit into local law, the best move is to speak with a Utah divorce lawyer who can help you plan your next steps.
What Matters Most When Moving Forward
Divorce tied to infidelity is an awful place to be, and most people don’t expect to find themselves here. You may feel like the betrayed spouse one day and a confused married person the next as you sort through your own feelings.
Some people seek forgiveness, while others need distance. Some couples stay married. Others part ways and build a new life.
There’s no one story. There’s only the one you’re living in, and the path forward that feels right for you and your family.
Get Legal Support From Henriksen Law
If you’re facing divorce after infidelity, we’re here to help. At Henriksen Law, we’ve handled these cases for decades, and we know how Utah judges look at situations involving marital infidelity, alimony, custody, and property division.
When you’re ready, we’ll walk through your situation together. Our attorneys will explain how the law applies to your own marriage and help you make the next right move.
