Can cheating affect spousal support?

One of the most common questions family lawyers receive is:

“If my spouse cheated, will it affect property division or spousal support?”

For many individuals, infidelity is one of the most painful aspects of a relationship breakdown. However, the legal answer often surprises people.

In most cases, adultery does not directly impact how property is divided or how spousal support is determined in British Columbia.

Canada’s No-Fault Divorce System

Canada operates under a largely “no-fault” divorce system.

While adultery remains a legal ground for divorce under the federal Divorce Act, most divorces proceed based on a one-year separation period. Courts generally focus on resolving legal and financial issues rather than determining who was responsible for the breakdown of the marriage.

As a result, conduct such as infidelity, arguments, or relationship conflicts typically do not affect property division or support entitlements.

Does Cheating Affect Property Division in BC?

Generally, no.

Under British Columbia’s Family Law Act, family property is usually divided based on legal principles relating to ownership, valuation, and fairness—not marital misconduct.

The court is not typically concerned with who caused the relationship to end.

However, there may be exceptions where significant financial misconduct occurred.

Examples may include:

• Spending substantial family funds on an affair.
• Transferring assets to conceal them from a spouse.
• Dissipating family assets before separation.

In these situations, the court may consider the financial impact on the family property available for division.

Does Adultery Affect Spousal Support?

In most circumstances, adultery alone does not increase or reduce spousal support.

Spousal support is generally determined by factors such as:

• Length of the relationship.
• Income and earning capacity of each spouse.
• Financial need.
• Roles during the marriage.
• Ability to become self-sufficient.

The fact that one spouse was unfaithful does not automatically result in higher support payments.

When Can the Effects of an Affair Become Relevant?

Although the affair itself is generally not the focus, the consequences arising from the relationship breakdown may be relevant.

In the Supreme Court of Canada decision Leskun v. Leskun, the Court considered circumstances where the emotional consequences of the relationship breakdown affected a spouse’s ability to become self-sufficient.

The decision highlighted that courts may consider the practical impact of a separation on an individual’s circumstances, even though fault itself is not the determining factor.

Each case depends on its specific facts.

A Closer Look at Leskun v. Leskun, 2006 SCC 25

One of the leading Canadian cases addressing the relationship between adultery and spousal support is Leskun v. Leskun, 2006 SCC 25.

Key Takeaways from the Decision:

Marital Misconduct Is Generally Not a Factor

The Supreme Court of Canada confirmed that misconduct during the marriage, including adultery, is generally not a reason to deny, reduce, or increase spousal support.

The Consequences May Be Relevant

While the affair itself is typically not the focus, the Court recognized that the effects of a relationship breakdown may be relevant. For example, emotional distress, depression, or a reduced ability to become self-sufficient could be considered when determining an appropriate support award.

Supporting Evidence Is Important

A spouse arguing that the consequences of the separation have affected their earning capacity will generally need evidence to support that claim. Depending on the circumstances, this may include medical records, expert opinions, or other relevant evidence.

Adultery and affairs are often among the most emotionally difficult issues that arise during a marriage breakdown. In some cases, they may be the event that ultimately leads to separation or divorce.

In Canada, adultery remains one of the grounds for divorce under the federal Divorce Act. However, when courts address issues such as property division and spousal support, the focus is generally on the parties’ financial circumstances, needs, and legal entitlements rather than assigning blame for the end of the relationship.

Source: Leskun v. Leskun, 2006 SCC 25; Divorce Act, RSC 1985, c 3 (2nd Supp).

The Importance of Focusing on Financial Issues

During separation, it is understandable to focus on the events that led to the breakdown of the relationship.

However, family law proceedings are often more productive when parties focus on:

• Parenting arrangements.
• Child support.
• Spousal support.
• Property division.
• Long-term financial planning.

These issues generally have a much greater impact on a family’s future than attempting to assign blame for the end of the relationship.

Key Takeaway

In British Columbia, adultery will not usually result in a larger property award or increased spousal support.

However, if an affair involved significant misuse of family assets or created financial consequences that affect the parties’ circumstances, those issues may become relevant.

Because every separation is unique, obtaining legal advice can help you understand how the law applies to your specific situation.

Need Family Law Advice? (604) 395-8223 

Umbrella Law Corporation assists individuals and families throughout British Columbia with separation, divorce, property division, parenting matters, child support, and spousal support.

If you have questions about your rights following a separation, contact our team to learn more about your options at  info@umbrella-law.ca