Silken Fire's Fireplace II

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Should proven adultery affect a spouse's right to spousal support, property division or access to the children post-divorce?

No it should not. Family Law deals with the property/spousal support issue and I believe proven adultery is grounds for divorce to be granted. Children are innocent and should not be pawns. They love both of their parents and they should not suffer because of the mistake of one parent.

Just clarifying my question... The financial support mentioned is with respect to one spouse paying spousal support for the other... I wasn't referring to whether or not the non-custodial parent pays child support.

Oh I am not sure if my opinion will be popular on this one...LOL

I honestly think that infidelity should not even be an issue when it somes to spousal or child support. First of all, if there are no children, there should be no such thing as spousal support. Get off your butt and go to work! Now then, I think child support should be paid by whomever is making more money and be adjusted accordingly. Now usually the man makes more money and the woman usually gets custody of the child(ren). Now in some circumstances the roles are reversed and so should any support payments. Now as far as division of property, why does infidelity have to even be an issue here? Property division should be based on what you have aquired during the relationship, it should have nothing to do with whether someone screwed around.

Personally, no, I don't think proven adultry should affect the three things listed in the question. A divorce should be carried out in fairness to both parties no matter what the circumstances, and that has little to do with visitation. Spousal support should be based on other things like the reasons it already is....can the spouse in need of support work, is it a transitional thing, did the spouse give up career goals to raise children or work so the partner could finish school...that sort of thing.

I think that where there is clearcut evidence of adultery by the spouse making a claim for spousal support, the claim should be denied. I think if a man or woman is active enough and able to get out to have an affair, they should be able to find a job and earn their own living. I've seen sooo many cases where women (and I don't mean to be gender-specific but it's a fact I can't deny) have the man they were married to supporting them while they are dating and almost living with another guy so that essentially, what it comes down to is that the ex-hubby is paying for the woman to have a really nice life while he works his butt off.

I am not a big believer in spousal support anyway unless a spouse has sacrificed his or her own career or has made sizable donations to the other person being able to generate a good income. The spouse who has made that sacrifice should be properly compensated for that such as having the other person's help while they obtain an equal degree or receiving a greater share of the matrimonial property for the years when they gave up their own career to remain home with the children of the marriage. I also think that once the last child of a marriage is in school full-time, there is no real reason why the home-parent can't return to work. I have never been able to identify with anyone remaining at home for 18 years just because they had children (unless of course one of the children had special needs).

I don't think adultery should have an effect on the obligation of the non-custodial parent to provide adequate child support (whether that is a man or a woman).

I also don't think adultery should have any effect on the visitation awarded to any parent. Unless of course, the adulterer is dating a murderer or sexual offender.

I have trouble with the Spousal support piece I think because I always had to work. It was never an option to not work for me.

If a woman was ill and could not work and the man committed adultery hell yes he should pay support!! If the woman committed adultery I don't think she should be entitled to it. I think you should lose that right when you disregard your marriage vows like that.

Adultery makes me very angry because I think it's inexcusable when people are married. That's why it is automatic grounds for divorce in Canada.

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