Adultery in Maryland: Does Cheating Affect Alimony?

If you're facing the end of your marriage because you or your spouse had an extramarital affair, you may be wondering whether the infidelity could affect what happens in your divorce case. If your state allows for fault-based divorce, the answer could be yes. The answer could even be yes, though to a lesser extent, even if it doesn't.

Fault divorce requires proving wrongdoing by one spouse, like cheating. No-fault divorce allows couples to separate without blaming either party. All states have no-fault divorce, but only some states offer fault-based divorce.

Maryland used to allow fault-based divorce, and adultery was a basis for claiming your spouse was in the wrong. Today, though, Maryland doesn't allow fault-based divorce.

That said, under Maryland law, an affair can impact alimony. An affair can also affect how property is distributed and even child support and custody.

What Role Does Adultery Play in a Maryland Divorce?

In Maryland, as in all states, you need a legally accepted reason (or "ground") to get a divorce. The three grounds for divorce in Maryland are:

• mutual consent
• six-month separation, and
• irreconcilable differences.

(Md. Code, Fam. Law § 7-103(a) (2025).)

Maryland was one of the states that allowed a spouse to legally claim that the other spouse was at fault for the divorce. Adultery was one of the accepted grounds for proving fault. But effective October 1, 2023, the state eliminated the concept of fault-based divorce.

Can Adultery Affect Alimony Awards in Maryland?

Alimony, sometimes called "spousal support," is a financial support payment one spouse may have to pay to the other after a divorce. An award of alimony in a Maryland divorce isn't automatic. A judge has to determine that it's warranted under the circumstances of each case.

When Maryland judges make decisions about alimony, they must consider a long list of factors, including "the circumstances that contributed to the estrangement" of the spouses. Other factors the judge will consider include:

• the job prospects of the spouse seeking alimony
• the standard of living that the parties had in their marriage
• the length of the marriage, and
• the contributions each spouse made to the family.

Adultery can certainly qualify as a circumstance that contributed to the marriage falling apart. A judge can therefore consider an affair when deciding whether to award alimony, how much to award, and how long the alimony should last.

Remember that "circumstances that contributed to the estrangement" is 1 of 12 factors for the judge to consider. In other words, judges can consider cheating, but they have to assess the remaining factors. (Md. Code, Fam. Law § 11-106(b) (2025).)

Can Adultery Affect Property Division in a Maryland Divorce?

Maryland is an "equitable distribution" state. This means judges will divide the couple's property in a way they believe is fair under the particular facts of each case. It's important to note that "equitable" doesn't necessarily mean a 50-50 split.

Judges must also consider a number of factors when they're deciding what would be a fair division of a couple's marital property. Many of those are the same as the factors impacting alimony, including the circumstances that contributed to the spouses' estrangement. Judges should also take into account any other factor that's necessary or appropriate to reach a "fair and equitable distribution of property." (Md. Code, Fam. Law § 8-205(b) (2025).)

When it comes to adultery, there's one scenario that might be relevant to property division in divorce: dissipation (misuse or squandering) of assets. Let's say the cheating spouse dipped into marital assets (such as bank accounts) to finance the affair with lavish gifts, trips, or even financial support for a lover. That behavior would reduce the pool of assets available for distribution in divorce. By taking that into consideration, the judge may compensate the "innocent" spouse by awarding that spouse a greater share of the couple's assets.

Does Adultery Ever Affect Custody or Child Support in Maryland?

Decisions about child custody and parenting time (visitation) in Maryland, as in all states, must be based on what would be in the children's best interests. Maryland courts have set out the factors that judges should look at when they're making custody decisions. Those factors include the parents' fitness, as well as their character and reputation. (Montgomery County v. Sanders, 38 Md. App. 406 (Md. Ct. Spec. App. 1978).)

At one time, Maryland courts decided that there should be a presumption that a parent who committed adultery shouldn't get custody. But that's no longer the case. Now, although judges may take adultery into consideration, but only if it affects a child's welfare. (Davis v. Davis, 280 Md. 119 (Md. 1977).)

That new standard makes sense. Although it could be argued that having an affair is a moral failing (or at least shows a lack of judgment), the real question is whether that impacts the adulterer's ability to be a good parent. In most cases, it probably doesn't. So it's unlikely to affect a judge's decision about where the child will live most of the time, as well as visitation. In most situations, judges are aware that it's best for children to have ongoing relationships with both of their parents after a divorce.

But certain circumstances might tip the scales the other way. There are situations where a parent's adultery could endanger the child's well-being—for instance, if the extramarital relationship involved exposing the child to abusive behavior, or if a parent became completely uninvolved in the child's life because of that relationship.

If a court finds that a child has been abused or neglected by a parent—and there's a likelihood that the abuse or neglect will continue if custody or visitation is granted—the judge must deny those rights to the offending parent. In that situation, though, the judge might allow visitation that's supervised by a third party. (Md. Code, Fam. Law § 9-101(b) (2025).)

When judges calculate child support in Maryland they use a formula spelled out in the state's child support guidelines. The formula is based primarily on:

• the income of the parents
• the number of children being supported
• the amount of time the children spend with each parent, and
• items like the cost of health insurance and childcare.

Typically, the more time a child stays with a parent, the less child support the parent would be responsible for, because the parent is already spending money on the child during parenting time.

Support payments are meant for the children's needs, not as a reward or punishment for the parents' behavior. Theoretically, either parent's adultery wouldn't play a role in determining which of them will pay support or the amount of the payments.

As a practical matter, however, a parent's adultery could cause a judge to limit the time that the parent spends with the children, because of concerns about the children's well-being. A loss of parenting time might result in the parent having to pay more child support than would have been owed under a less restricted custody/parenting time arrangement.

Deciding Whether to Make Adultery Part of Your Divorce

Many people find it devastating to discover that their spouse has had an extramarital affair. But if you've decided to end your marriage as a result, you should know that it's not a good idea to try to use the divorce proceedings to punish your spouse. It's bound to increase the cost of divorce, and it will make the entire process more stressful, for you as well as your kids. It also means that you wouldn't be able to get an uncontested divorce in Maryland, which is almost always a lot quicker, easier, and cheaper than a traditional contested divorce.

Despite these factors, spouses occasionally benefit from highlighting adultery in their divorces. If you're considering going that route, consult a local, experienced family law attorney. They should be able to evaluate your case and explain whether it will be in your interest to bring up adultery.

If you ultimately decide to bring up cheating in court, it's critical to have a lawyer prepare and present the evidence you'll need to prove your claims. Your lawyer will need to convince the judge that your spouse's adultery should affect decisions about alimony, custody, or property division. (You can read up on questions to ask before you hire a divorce lawyer.)

Similarly, if you're the one being accused of adultery, you'll almost certainly need a lawyer to protect your interests and get a fair result—regardless of whether you actually had an affair.