Divorce and Infidelity in Massachusetts

5 Common Misconceptions

When it comes to divorce and infidelity in Massachusetts, we hear many misconceptions from our clients. If you’re considering your options, let’s clear away some falsehoods that people think will happen if they file for divorce after this huge breach of trust.

Misconception 1: If my spouse cheated, I’ll automatically get more in the divorce.

Truth: In Massachusetts, being a no-fault state means that you don’t have to prove wrongdoing (like adultery) to file for divorce. The court does not automatically award more alimony, assets, or custody to the “wronged” party just because there was infidelity. Division of assets is based on equitable distribution, not moral blame. Alimony is based on financial need, income disparity, length of marriage, and other factors—not personal behavior alone.

Misconception 2: Infidelity has no impact at all in a no-fault state such as Massachusetts.

Truth: While you don’t need to prove fault to get divorced, infidelity can still be considered in some cases—but only when it’s relevant to certain financial or parental issues. For example: If a spouse spent marital funds on an affair (e.g., travel, gifts, rent), the court might adjust the property division to account for that “dissipation of assets.” In very rare cases, if the affair negatively affects the children or reflects poor judgment, it could influence custody decisions—but that’s uncommon.

Misconception 3: I can sue the person my spouse cheated with.

Truth: Massachusetts does not allow “alienation of affection” lawsuits or other legal claims against a third party for ruining a marriage. Those laws are abolished in most states.

Misconception 4: Adultery will speed up or delay the divorce.

Truth: A no-fault divorce can proceed regardless of infidelity. However, if a party insists on filing under a fault-based ground like adultery, it can actually delay the process due to the need for proof and litigation.

Misconception 5: Getting proof of my spouse’s affair will make me feel better.

Truth: We’ve had clients spend significant funds to pursue costly discovery to gain “proof” of their spouse’s affair. Even when the truth is there is black and white, it doesn’t take away the emotional repercussions of betrayal. A better use of funds would be to invest in your own healing with a therapist, divorce coach (did you know you can get a free coaching session with Lisa Happ Coaching when you work with FFL?), or support group, to process these complex emotions in a healthy and supportive way. Check out our blog on 6 Experts to Consider for Your Superstar Divorce Team.

It can be really hard finding out that your spouse has been unfaithful to you, and there will absolutely be a lot of emotions that come up. If you’re going through a divorce involving infidelity in Massachusetts, our team is here to guide you every step of the way.

Get started with us by scheduling a Free Discovery Call today!