Should Cheaters Pay More in the Divorce?

I read recently that the state of Arizona is reconsidering it's policy on "no fault" divorce. Meaning they may now allow a judge to consider evidence of an affair and compensate the "injured" party monetarily.

Some states do allow a divorcing couple to bring in evidence of an affair or abuse while many others do not consider it at all. I was divorced in New Jersey and was very surprised when my lawyer told me that judge did not care that my husband was having an affair and that assets were divided based on equitable distribution only, not emotional or physical damage.

What I think is unfair in no fault divorce states is when a cheater spends martial funds on the girlfriend or boyfriend. This should be considered. I also believe the person who has been cheated on and did not want the divorce should be awarded additional assets for pain and suffering. I know a woman whose husband cheated and gave her herpes. Logic would dictate that she should be financially compensated for pain and suffering because of her husband's actions.

The downside to allowing evidence of an affair in the divorce courtroom would be longer courtroom battles and more more legal fees. Producing proof of a spouses' affair might also require hiring a private investigator. But maybe if people knew they might have to pay more in their divorce settlement if they cheated, they might reconsider cheating in the first place.

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