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However, not all courts require the innocent spouse to prove that his or her spouse's online infidelity caused actual financial detriment or resulted in the dissipation of marital funds.As a practical matter, regardless of what the law says, even the most impartial judge can fall victim to his or her own empathy, and when particularly egregious, evidence like text messages, emails and social media can and do influence spousal support awards and property division.
The misconduct must generally impact the innocent spouse financially in order to be considered in property division.Among the most common ways for a spouse to show economic detriment include the cheating spouse spending money on gifts and other activities for the object of his affection and paying for access to paid websites such as live web cams and chat lines.A far less common example would be online infidelity that was so egregious that it caused emotional detriment to the innocent spouse that has impacted his or her ability to support himself—in other words, if an innocent spouse is so emotionally devastated that he or she is unable to work and needs therapy to recover.However, while your digital deviance may not constitute sex in the eyes of family court judges for purposes of proving adultery, many states allow and even require judges to consider marital misconduct or wrongdoing when awarding spousal support or property division.The exact definition of marital misconduct varies by state and case law, but generally includes behavior that falls short of traditional adultery.
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Just like a physical affair, an emotional one affects the way partners relate to each other and usually not for the better.