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Does Infidelity Affect Divorce in Canada?

Does Infidelity Affect Divorce in Canada Featured Image

According to Ipsos, one in every 10 Canadians admit to having an extramarital affair.

So needless to say, adultery or infidelity is distinctly connected with divorce. It is one of the prevailing grounds for breaking a family relationship in Canada.

Let’s know how it may affect the divorce process in Canada and what to do if you find your spouse committed adultery.

How Much Does Infidelity Affect Divorce?

The legal system doesn’t engage in infidelity’s effects but only the divorce. Here are some factors that cheating may affect.

Infidelity and Alimony

Canada’s alimony system refused to recognize the history of infidelity a long ago. So, there will be no difference in child support or spousal support if anyone has a cheating case history.

Along with these 2, property division is also a no-fault. Thus, this disloyal act isn’t a matter of preference to study in these cases.

Child Custody

Infidelity also doesn’t affect another no-fault, child custody, while a history of violence will do that inevitably.

You may want to know more about infidelity and divorce.
It’s normal asking about more possible influences of infidelity other than just a divorce in less time.

You may not have a clear idea about infidelity and divorce if you or anyone among your close ones hasn’t gone through a divorce. But, some matters may come up naturally.

  • The action to be considered cheating– A married person having sexual relations with a person other than their legal spouse is cheating. Having a distant relationship over the phone or social media won’t be considered adultery.
  • If the wife cheats– The wife has nothing to lose or get from the separation agreement if the act of cheating is from her side.
  • Payment for divorce adultery– There is a possibility that the defendant will pay the cost of the divorce process. But, that will be according to the consideration of the court.
  • Suing the spouse for adultery– Throughout Canada, suing for cheating is not feasible. But, in Alberta, it is still possible to sue the spouse. Even the victim can charge their spouse’s lover for an extramarital relationship.

Read More: Child Custody Laws in Canada

Things You Need to Know Regarding Infidelity and Divorce

You may still think- is there a way to escort the defaulter under the law? On the other hand, the spouse at guilty may look for a way to save the marriage. The answers below will make matters like these clear.

Does the Length of an Affair Matter?

The length of the affair is not a matter. The plaintiff has to go for the divorce petition after adultery occurred anyway. Filing the case before cheating would be avowedly void.

If the Infidelity Occurs Only, What if the Spouse Regrets Their Action?

No matter how many times adultery occurs, a single act is enough for divorce. And the victim only has the right to forgive and reconcile the relationship. A positive reflection of that thought isn’t that easy to be a reality.

Do You Need Concrete Proof Against the Cheating Wife?

There is no fixed structure of proof or any prerequisite the court would demand from the plaintiff. The court needs valid evidence and thus can reach the final verdict. No need to mention that only suspicion of infidelity is not enough.

Is It Adultery if the Spouses are Separated But Legally Still Married?

If a person engages in a sexual relationship with someone else while in separation but still married, that will be considered adultery. The fact doesn’t differ even if they don’t have any emotional or physical relationship.

Most Common Reasons People Have an Affair

Over 50% percent of people from younger, middle-aged, and older people say they know a person having an affair. But why are there extramarital affairs?

From the response of the people who cheated on their spouses, several reasons came up.

  • Self-esteem
  • Anger
  • Low commitment
  • Lack of love
  • Neglect
  • Need for variety
  • Sexual desire

Most infidelities involve sex though it is not the only reason in each case.

Last Words

9%  of Canadians admit that they have an extramarital affair. Also, 6% of the total population mentioned that they are interested in involving in that in the future. Thus it is easily understandable why divorces are increasing day by day.

The serious matter is that this act drags to a person’s self-chosen loneliness. After all, a relationship doesn’t last without trust and respect. While lawyers can do nothing about infidelity and divorce, they can come up with the best suggestions.


Does cheating affect divorce settlement?

It’s a No, and the answer may surprise you. The judge won’t penalize a spouse for cheating. The victim won’t get any extra money anyway.

What happens in a divorce due to infidelity?

Infidelity gives the cheated spouse the ground for divorce. The law doesn’t allow the deceiver spouse to express their opinion.

Does infidelity affect spousal support?

No, infidelity has no impact on spousal support.

Should you divorce after infidelity?

Infidelity creates trust issues between the couple. A person is hardly trustworthy after they have betrayed their spouse. The possibility of recurring this act remains. Thus, it’s wise to divorce after infidelity.

Why is infidelity so damaging to a marriage?

Infidelity of a spouse hurts other one’s feelings, breaks trust, and creates confusion in the relationship. That overall instability ultimately weakens the ties of marriage.