Quick answer: In England and Wales, adultery makes almost no difference to your divorce settlement. Since April 2022, we have a no-fault divorce system. The courts don’t care who cheated—they care about needs, fairness, and making sure everyone can move on. If you’re hoping the law will punish your unfaithful spouse, you’ll be disappointed. And if you’re the one who strayed, you’re not about to lose everything.

Let’s be honest: if you’re searching this, you’re probably hurting. Maybe you’ve been betrayed by someone you trusted, or maybe you’re worried about the fallout from your own actions. Either way, you deserve straight answers, not legal waffle.

What Happens If Someone Cheats in a Divorce?

Here’s the blunt truth: legally, almost nothing happens.

Before April 2022, you could cite adultery as a reason for divorce, but even then, it didn’t affect the financial outcome. Now, with no-fault divorce, you don’t even need to mention it. You simply state the marriage has broken down—no need to air the dirty laundry.

The courts are interested in:

• What assets exist (house, pensions, savings, debts)

• What each person needs to move forward

• How to ensure any children are properly housed and cared for

• Each person’s earning capacity

That’s it. No punishment. No “justice” in the way many betrayed spouses hope for.

Why doesn’t the law care?

Because divorce law isn’t about blame. It’s about untangling two lives, dividing assets, and making sure everyone can get on with things. The judge’s job is to be fair, not to decide who was the “good” or “bad” spouse.

This can feel deeply unfair if you’re the one who was faithful. You kept your vows, and now you’re told it doesn’t matter? It matters emotionally, but in the eyes of the law, it doesn’t change the maths.

The one exception: dissipation of assets

There is one scenario where an affair might affect the settlement: if your spouse spent significant marital money on their affair—think tens of thousands on gifts, holidays, or even a flat for their new partner. In these cases, the court might add that money back into the pot. But you’ll need solid evidence, and it has to be substantial. A few dinners and hotel rooms won’t cut it.

Does Cheating Affect Divorce Settlement in the UK?

Let’s get straight to the point, because this is what most people really want to know.

No, cheating does not affect the divorce settlement in the UK.

The starting point for most divorces is a 50/50 split of marital assets. From there, adjustments are made based on:

• Children’s needs – The parent with primary care often needs the family home or a larger share to house the children

• Earning capacity – If one spouse gave up work to raise children, they may need more assets or spousal maintenance

• Length of marriage – Longer marriages usually mean more equal splits

• Pensions – These are marital assets and are divided accordingly

• Future needs – Health, age, and ability to rebuild financially

Notice what’s not on that list? Behaviour. Faithfulness. Who caused the marriage to end.

Is My Wife/Husband Entitled to Half If They Cheated?

This question comes from a place of raw pain. The real thought is: “They broke our family—how can they possibly be entitled to half of everything?”

The short answer: yes, they probably are entitled to roughly half.

Here’s why. English divorce law starts from the principle that marriage is a partnership. Both people contribute—whether by earning, raising children, or supporting each other. The courts don’t rank these contributions. A stay-at-home parent’s work is valued just as much as the breadwinner’s salary.

So, when the marriage ends, the starting point is an equal split of what you built together.

When it’s not 50/50

Not every divorce ends up exactly half and half. The court can adjust things if, for example:

• Children need housing – The parent with primary care may get a bigger share to buy a suitable home.

• Pension gaps – If one person has a much bigger pension, this gets balanced out.

• Earning potential – If one spouse can’t return to work, they may get more assets or maintenance.

• Short marriages – In brief, childless marriages, the court may try to return each person to their pre-marriage position.

But none of these adjustments are about adultery. A cheating spouse with primary care of the children may still get more than 50% of the house equity. A faithful spouse who earns more may still need to share their pension.

The Emotional Reality

This is where the law and your feelings collide.

You might be handing over half your pension to someone who betrayed you. You might see them walk away with equity from the family home—the same home where they had their affair. It feels like the system is rewarding bad behaviour.

But here’s what people learn the hard way: fighting out of anger or spite will cost you far more than accepting the legal reality. Contested divorces can easily cost £15,000–£25,000 per person in legal fees. Some people spend £50,000, £500,000, or more—fighting over assets that could have been split without a war.

What Are the Four Behaviours That Cause 90% of All Divorces?

This question usually comes from someone trying to make sense of what went wrong, or wondering if their marriage can be saved.

The “four behaviours” refers to research by Dr John Gottman, who identified four communication patterns so destructive he called them “The Four Horsemen of the Apocalypse”:

1. Criticism – Attacking your partner’s character, not just their actions.

2. Contempt – Mockery, sarcasm, eye-rolling, and treating your partner with disrespect.

3. Defensiveness – Making excuses, counter-attacking, or refusing to take responsibility.

4. Stonewalling – Shutting down, going silent, or refusing to engage.

Here’s the key point: adultery is usually a symptom, not the cause. By the time someone cheats, the marriage has often been struggling for years. The Four Horsemen have been at work—criticism, contempt, defensiveness, and stonewalling eroding the relationship. The affair is usually the final blow, not the first.

What You Can Actually Do

If you’re reading this after discovering an affair, here’s what actually helps:

1. Feel your feelings, but don’t act on them yet

The urge to “take them for everything” is natural. But decisions made in the first weeks after discovery are rarely wise. Give yourself time before making big legal moves.

2. Consider mediation seriously

Mediation isn’t about being nice to someone who hurt you. It’s about protecting your financial future. A mediator helps you reach an agreement that solicitors then formalise. It’s faster, cheaper, and gives you more control.

3. Focus on what matters

Your children’s stability. Your ability to house yourself. Your pension and long-term security. Your mental health. These matter more than making your ex suffer.

The Bottom Line

Adultery doesn’t affect divorce settlements in the UK. The courts won’t punish your cheating spouse, no matter how much you think they deserve it. The 50/50 starting point applies regardless of who did what.

This feels unjust. It probably is, in a moral sense. But the legal system isn’t there to deliver moral justice—it’s there to divide assets fairly and let people move on.

The real question isn’t whether you can punish your ex through the divorce. You can’t. The real question is: how do you protect yourself and your future while spending as little as possible on a process that benefits no one but the lawyers?

Mediation. A clear head. These are your tools.

The best revenge, as they say, is living well. And you can’t live well if you’ve bankrupted yourself trying to prove a point the courts were never going to care about.

Disclaimer: This content is for general information only and does not constitute legal, financial, or tax advice. Outcomes may vary depending on your individual circumstances.