Can a court award alimony to a spouse who has committed adultery?

In Washington, the answer to the question, “Can a court award alimony to a spouse who has committed adultery?” is yes. Washington courts have the legal authority to award alimony to a spouse who has committed adultery and can be seen as the causal factor for the divorce. To prove alimony fault, the spouse requesting alimony must prove that the other spouse was “actively involved” in adultery and that the adultery was the cause of the dissolution of the marriage. However, generally, the courts take a more lenient approach in awarding alimony and often do not consider adultery as a strong factor, instead basing the alimony award on financial need and other factors such as the length of the marriage. Any alimony award issued by a court, while based on need and other factors, can be affected by a spouse’s conduct in the marriage, including infidelity. In other words, the courts will look at the overall effect adultery had on the marriage when considering an alimony award; if adultery was a factor in the dissolution of the marriage, but the marriage was otherwise healthy, the court may be less likely to consider alimony appropriate.

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Can a court award alimony to a spouse who has committed adultery?

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