Does Adultery Affect Divorce in Minnesota?

Infidelity can be emotionally devastating in any marriage, whether long-term or short-lived. The breach of trust often leaves spouses with anger, confusion, and a desire for accountability. One of the first questions people ask after discovering an affair is: Will adultery affect my divorce?

In Minnesota, the answer is a provisional no—at least not directly.

Minnesota Is a No-Fault Divorce State

Minnesota law allows a divorce to be granted based on an “irretrievable breakdown” of the marriage. Courts do not assign blame for the breakup or punish a spouse for cheating. No fault divorce removed the requirement that a person prove the other person was at-fault, in order to seek a divorce.

That means adultery has little bearing on divorce issues like:

Whether you can get divorced
How property is divided
Who receives custody
Whether a spouse pays or receives spousal maintenance

Judges focus on fair, practical outcomes—not on moral pronouncements.

Can Adultery Affect Child Custody in Minnesota?

Sometimes—but only if the affair affects the children.

Under Minn. Stat. § 518.17, custody decisions are based on the best interests of the child. Affairs become relevant only when conduct related to them impacts parenting.

Examples include:

Placing a new relationship ahead of parenting responsibilities
Exposing children to unsafe or unstable situations
Poor judgment involving a new partner or multiple new partners
Actions harming a child’s emotional well-being

In these cases, the issue is not the infidelity itself—it is the parenting decisions surrounding it.

Can Adultery Affect Property Division?

Possibly—if marital funds were spent on the affair.

Marital funds that were spent on things o other than those for the marital good can be viewed as a dissipated asset. Some common examples include:

Buying expensive gifts for a paramour
Travel, vacation and Hotel expenses
Financial support for a paramour

Courts may adjust the property division to account for this misuse of marital funds.

Can a Cheating Spouse Lose Custody?

Not for cheating alone.

A spouse does not lose custody simply because they were unfaithful. But if behavior related to the affair harms the children or disrupts parenting, it may become a factor in the court’s analysis. Does the behavior make co-parenting difficult? Yes, [particularly if the object of the spouse's affection remains in their lives and the lives of joint children. Unless the new significant other is a danger to the children, he/she is unlikely to be precluded from having contact.

Can You Sue Your Spouse’s Affair Partner in Minnesota?

No.

Minnesota does not recognize “alienation of affection” lawsuits. You cannot sue a third party for interfering in your marriage.

Focus on What Matters Most

It is natural to want accountability, but Minnesota courts center divorce cases around:

Protecting children
Preserving marital assets
Understanding your legal rights
Developing a practical strategy for moving forward

Bottom Line

Adultery alone does not determine the outcome of a Minnesota divorce. But when infidelity impacts parenting or marital finances, it can become legally significant.

If you are navigating a divorce involving infidelity, consulting an experienced Minnesota family law attorney can help you understand the implications and protect your interests.

FAQ

Does cheating affect divorce in Minnesota?
Generally no. Minnesota is a no-fault divorce state, though adultery can matter if it impacts custody or finances.

Can adultery affect child custody?
Only when conduct tied to the affair affects the child’s best interests.

Can a spouse get more property because of adultery?
Not because of the cheating itself, but dissipation of marital assets may influence property division.

Can I sue my spouse’s affair partner?
No. Minnesota does not allow alienation of affection claims.

Call Attorney Maury D. Beaulier for a consultation.