How Your Spouse's Ashley Madison Account Can Impact Your Divorce

Emma Johnson

Now that hackers leaked the email addresses of 37 million users of Ashley Madison, the dating service for married people in search of an affair, New York City divorce lawyer Morghan Richardson’s “phone lit up like a Christmas tree,” she says.

“People are struggling to deal with how this information may impact their divorce and their life — if at all,” says Richardson.

Here is how catching a cheating spouse can affect your split:

1. Power. “I often hear from the wronged spouse: ‘I knew he was cheating! Now that I have proof I can get the house, the kids, the …’” says Richardson. The reality is that most states have no-fault divorce laws. That means that a judge doesn’t care why you are splitting up. Their job is to make sure that the money is split fairly and custody and visitation are in the best interest of the kids. In cases of infidelity, the “wronged” spouse is so hurt and angry, they assume that a judge will take that into consideration. They won’t.  On the other hand, it is common that the cheating spouse will feel so guilty, or won’t want the divorce, or be afraid of losing face to friends and family that they concede to their husband or wife’s demands.  Guilt is a powerful negotiating tool in divorce.

2.  Finances. Again, just because they were cheating doesn’t mean you get more than your share of money money. Divorce, technically, is not about reparations. However, document through credit card and bank statements how much money he spent on the site, and if he was successful, how much he spent having the affair (hotel rooms, gifts, dinners, etc.). This spending is called “marital waste,” which can be recaptured during the divorce proceedings. If he bought her a Cartier watch with marital money, he better be prepared to pony up at least half the cost.

3. Custody. “My husband listed a number of ‘unconventional’ sex preferences. How can I use this in my custody fight?” For the most part, what happens in the bedroom is not for the eyes of children — 0r the ears of the court. Your husband’s 50 Shades of Grey disclosure on his Ashley Madison profile is not likely to be equated with bad parenting. Of course, most custody fights are about character assassination and depending on the preferences listed, his BDSM admissions may help tilt the legal scales in your favor.

4. Settlement. “My wife is really angry. I was just curious when I signed up. I don’t want a divorce.” Again, judges don’t care, and courts have no interest in making couples stay married. Your wife can get a divorce if she wants, period. Second, don’t let your guilt or desire to “win her back” force you into a divorce settlement that is not in your favor. Giving her the sun and the moon now will lead to impossible to pay for deals that crush you. Finally, think about getting your own therapist to cope with the process, and your own guilt. You are far from alone in your infidelity (studies of American couples show 20 to 40 percent of straight married men will have an affair), though you may be finding yourself alone in trying to save this relationship.

5. Legal Fees. While infidelity doesn’t contribute to the legal process of divorce, the discovery of an affair nearly always skyrockets the emotional hurt. And when people are angry, they need to fight. And fighting in divorce means higher legal fees. If a husband wants to try to punish his unfaithful wife through a contentious divorce and driving up her legal fees, hopefully it won’t take him long to realize he’s punishing himself by racking up the same costly fees with his lawyer.

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