The Impact of Adultery on Divorce in Tennessee

Divorce is never easy, especially when heartbreak, betrayal, and legal complexities intersect. While Tennessee allows no-fault divorces, adultery remains a recognized ground for a fault-based divorce and can influence financial and custody decisions in certain situations. 

Understanding how adultery affects divorce in Tennessee can help you approach your case with clarity and confidence. 

What Tennessee Law Says About Adultery

Under Tennessee law, adultery is one of several fault-based grounds for divorce. This means the spouse filing for divorce can assert that their partner’s extramarital sexual relationship was the reason the marriage broke down. 

Legally, adultery is defined as voluntary sexual relations between a married person and someone other than their spouse. It’s important to note that emotional or virtual affairs — no matter how painful — are not considered adultery under Tennessee law unless there is physical intimacy. 

Tennessee also allows no-fault divorce based on irreconcilable differences or a period of separation, meaning couples aren’t required to prove adultery or other misconduct to obtain a divorce. 

Proving Adultery in Court

Unlike in movies, you rarely walk into court with a dramatic photograph or confession. Tennessee courts often rely on circumstantial evidence to establish adultery. This may include:

• Text messages, emails, or social media exchanges suggesting an intimate relationship
• Hotel receipts or travel records that coincide with opportunities for an affair
• Witness testimony from friends, neighbors, or others who observed suspicious behavior
• Phone logs or digital communication patterns that demonstrate sustained contact 

The standard is not perfection but inclination and opportunity, meaning the evidence must show both a desire for an affair and the chance to carry it out. Accusations based on speculation, jealousy, or innuendo aren’t enough. 

How Adultery Affects Alimony

One of the most common ways adultery influences divorce in Tennessee is through its potential impact on alimony awards.

Alimony isn’t automatic, and it isn’t meant to punish the cheating spouse. But judges in Tennessee are allowed to consider fault when determining whether alimony is appropriate and how much should be paid. 

In practice:

• If the spouse who committed adultery is requesting alimony, a judge might reduce or deny the award, especially if their actions materially harmed the marriage’s financial stability.
• Conversely, a spouse who has been betrayed and financially disadvantaged because of their spouse’s infidelity may receive greater support.
• However, adultery isn’t the sole factor — a judge also weighs income, earning capacity, length of marriage, and other statutory criteria.

It’s also worth noting that Tennessee’s courts prohibit punitive use of adultery — they shouldn’t award or deny spousal support solely to “punish” misconduct without considering broader financial realities. 

Marital Property and Dissipation

Tennessee is an equitable distribution state. That means marital property — everything acquired during the marriage — is divided in a way that the court deems fair, though not always perfectly equal. 

In general, the simple fact of adultery doesn’t automatically entitle the innocent spouse to a greater share of marital assets. But there’s an important caveat: dissipation of marital assets.

If the unfaithful spouse used marital funds to support the affair — paying for trips, hotels, gifts, or other expenses — the court may consider that wasteful. That dissipation can justify giving the other spouse a larger portion of the remaining marital property. 

Child Custody and Support Considerations

Child custody decisions in Tennessee are always guided by the best interests of the child. While adultery itself is not a statutory factor in custody determinations, evidence of ongoing irresponsible behavior or situations that jeopardize a child’s well-being can influence outcomes. 

For example:

• If a parent’s affair involves exposing children to inappropriate situations or neglecting their needs, a judge may view that as a sign of poor judgment affecting custody.
• Habitual absenteeism, unsafe environments, or behaviors that directly harm a child can weigh heavily in custody deliberations.

Child support, on the other hand, is typically computed based on income and statutory guidelines, not marital misconduct. However, if the cheating spouse has hidden assets or misstated income to conceal spending on their affair, that could affect child support calculations. 

How Fowler Law Group Can Support You

Facing divorce after discovering infidelity is one of life’s toughest challenges. That’s where Fowler Law Group can help.

At Fowler Law Group, our attorneys understand the emotional weight of divorce involving adultery. We bring:

• Compassionate guidance: We listen to your story and support you through difficult decisions.
• Focused legal expertise: From proving fault to protecting your financial future and parental rights, we help craft a strategy tailored to your unique situation. 
• Clear communication: We keep you informed at every step so you can make confident choices. 

Whether you’re considering filing for divorce or seeking to respond to one, you deserve legal counsel that combines technical skill with genuine care.

Contact us at Fowler Law Group today to schedule a consultation and take the first step toward securing your future.