Discovering that your wife has been unfaithful can leave you feeling hurt, confused, and unsure about your next steps—especially when it comes to understanding your legal rights.
However, it is important to note that infidelity does not change your legal entitlements during divorce or separation under Australian law.
Australia operates under a no-fault divorce system, which means the courts do not consider cheating when deciding outcomes for property settlement, child custody, or spousal maintenance.
That said, certain behaviours connected to the affair—like financial misconduct or risks to children—can sometimes influence specific decisions.
This article breaks down how infidelity is treated under Australian family law, what rights you do and don’t have, and what to consider when moving forward.
Does Infidelity Affect Divorce Outcomes In Australia?
In Australia, divorce is based on irretrievable breakdown of the marriage, which is proven by living apart for at least 12 months. It does not matter why the marriage ended. This is called a no-fault system.
So, even if your wife cheated, the court will not punish her or give you special treatment because of the affair.
The court is not interested in who was at fault—they focus on making fair and practical decisions about the future, not the past.
In short: No, infidelity does not change how a divorce is granted or handled.
However, if the affair caused financial harm—like your wife spending lots of money on someone else—that might affect how assets are divided. We’ll explain that next.
Can You Get A Better Property Settlement Because Your Wife Cheated?
Property settlement is about dividing the assets and debts fairly. The law looks at:
- What each person owned before and during the marriage
- What each person contributed (money, care, parenting, etc.)
- Future needs (like age, health, and ability to earn)
Cheating on its own does not change how the court divides things. The court doesn’t say, “She cheated, so you get more.”
But there is one situation where an affair might make a difference: if your wife wasted money on the person she cheated with—like buying gifts, holidays, or using joint funds. This is called “wastage.” If you can prove this, the court may adjust the settlement to be more in your favour.
You’ll need solid evidence—like bank statements or receipts—to show the spending was unreasonable or secret.
So: No, you don’t automatically get more because of cheating. But wasteful spending linked to the affair could help your case.
Also Read: How to Start Divorce Proceedings: Your Complete Guide
Will Your Wife’s Affair Impact Child Custody Or Parenting Arrangements?
Child custody (also called parenting arrangements) is all about what is best for the child, not what happened between adults.
The court considers:
- The child’s safety
- Their relationship with each parent
- The ability of each parent to care for them
- Any risks (violence, neglect, etc.)
An affair usually does not change your wife’s ability to be a parent. Unless the new partner is unsafe—for example, if they have a history of violence or abuse—it likely won’t affect custody.
However, if your wife is putting your child in unsafe situations—like leaving them with someone dangerous or being emotionally neglectful—that could be important to tell the court.
Remember, the court wants both parents to be involved in the child’s life, as long as it’s safe and healthy.
In summary: Infidelity does not affect custody unless it leads to real risks for the child.
Also Read: What Is No-Fault Divorce? Everything You Should Know
Are You Entitled To Spousal Maintenance If Your Wife Cheated?
Spousal maintenance is when one ex-partner supports the other financially after separation. It’s not automatic—you must show:
- You can’t support yourself properly (because of illness, age, caring for kids, etc.)
- Your ex-wife has the capacity to pay
- Cheating does not affect this. The court won’t say, “She cheated, so she has to pay you.” They will only look at needs and ability to pay.
So: You may be entitled to spousal maintenance if you meet the criteria—not because of the affair, but because of your financial situation.
It’s best to speak with a lawyer if you think you may qualify.
When Emotions Run High, Facts Matter Most
Going through a breakup because your wife cheated is deeply painful. But when it comes to your rights, it’s important to understand what matters legally. Australian family law is designed to be fair and focused on the future—not on punishing people for past mistakes.
The main things to remember are:
- Cheating does not affect your rights to divorce, custody, or property by itself
- Financial waste or child safety concerns linked to the affair might matter
- Spousal maintenance depends on financial need, not fault
- Getting solid legal advice early can help you make smart decisions and protect your future.
Need Expert Legal Advice From Someone Who Truly Listens?
Feeling overwhelmed and not sure what to do next? At Ipswich Family Lawyers, we understand that emotions run high after infidelity.
Our experienced team offers clear, practical guidance tailored to your unique situation. We will help you make strong, informed choices about your future—whether it’s divorce, custody, property, or support.
Contact us today for a confidential consultation and take the first step toward peace of mind.
