Spousal Support Lawyer for Men:

She Cheated? Do I have to Pay Spousal Maintenance?


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Arizona Fathers' Rights Attorney Ron ThomasI often get asked if it makes any difference in a divorce case whether a spouse cheated. It depends on what part of the case and whether children were exposed to the misbehavior. Since most of my clients are men, I will address this from the man’s point of view.





Why should I get a prenuptial agreement?

Should I sign an affidavit of paternity?

Frequently Asked Questions

Arizona is a no-fault divorce state, meaning that a court does not look for fault on the part of either spouse. Consequently, it makes no difference that your spouse cheated on you with respect to dividing assets and debts. It also makes  no difference if she cheated on you with respect to calculating child support. And most disturbingly, it makes no difference if she cheated on you with respect to spousal maintenance. Yes, you read that correctly. If she cheated on you with one or one hundred guys, you could still be forced to pay her for many years into the future if she qualifies for an award of spousal maintenance.

In Arizona, cheating can affect a divorce in several ways; however, it may not necessarily be the deciding factor in a divorce settlement. The following are a few ways in which cheating may affect the outcome of a divorce in Arizona:

  • Spousal Maintenance. Because Arizona is a no-fault state, infidelity is not a factor in the decision to award spousal maintenance (also referred to as alimony). However, if a cheating spouse used marital assets to support his or her extramarital affair, this could be considered a dissipation of marital assets. Consequently, it could affect the amount of spousal maintenance awarded.
  • Property Division. Arizona is a community property state, which means that all marital property is divided equally between spouses. If a spouse used marital funds to finance an affair, the individual may receive less property, as this could be considered dissipation of marital assets.
  • Child Custody. Child custody decisions are made based on the best interests of a child. While infidelity may be considered in custody decisions if the child was exposed to the harmful conduct, it is generally not a deciding factor.

While cheating can have some impact on an Arizona divorce settlement, other factors such as income, assets, and the best interests of any children involved are likely to have a more significant impact on the outcome of divorce proceedings.

More men now realize that with the high divorce rate, it is important and wise to insist that a prenuptial agreement be signed as a condition to getting married. In a prenuptial agreement, you can usually prevent your wife from getting a court order that you must pay her a substantial amount of alimony for years to come – under the threat of incarceration if you fail to comply with the court’s order.


If you don’t have a prenuptial (or, as we call it nowadays, premarital) agreement, and you have a cheating wife who is out to extract hard-earned funds from you by seeking court-ordered spousal maintenance, you need to get an experienced alimony attorney who knows how to shut her down or at least greatly minimize the financial damage.


Often there are ways to prevent or minimize a spousal maintenance award. As a spousal maintenance lawyer with over two decades of legal experience, I have ample experience in successfully defending husbands against wives who are merciless in their pursuit of a financial windfall.


Schedule A Consultation With An Experienced Men’s Spousal Maintenance Attorney

The most important thing you can do is to meet with an attorney as soon as it is clear that your marriage is going to end – or earlier if possible. As an experienced Phoenix spousal support lawyer, I can advise you on things you should and should not do to significantly increase the odds of winning this critical battle.


There are far too many men out there who are financial slaves to their ex-wives. They are living greatly reduced standards of living in order to provide their wives with money to spend on whatever they desire (even their new boyfriend!). Yes, that’s right – you will not be entitled to an accounting to determine whether she is using your hard-earned funds reasonably and wisely. Instead, you’ll just have to keep working hard in order to finance her lifestyle. So, it is very important to get legal advice as early as possible in order to prevent her from doing this to you or at least to minimize the financial damage you may have to endure.


Call Thomas Law Office at (602) 788-1395 to schedule a consultation with an experienced spousal maintenance lawyer.

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