Adultery & Divorce in Tennessee: How Cheating Affects Your Case
Tennessee allows fault-based divorce, and adultery is one of the recognized grounds. Cheating can significantly impact your divorce — affecting alimony, property division, and even custody. Here's exactly how adultery affects divorce in Tennessee.
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Adultery as grounds for divorce
Tennessee recognizes adultery as fault grounds. Filing on fault can potentially speed up the process and affect financial outcomes.
Alimony impact
In Tennessee, adultery is a factor courts may consider when determining alimony amount and duration.
Property division
Adultery itself rarely changes property division directly. However, 'dissipation of marital assets' — spending marital money on the affair (gifts, hotels, trips) — can result in the cheating spouse receiving a smaller share.
Custody
Adultery alone rarely affects custody decisions. However, if the affair exposed children to inappropriate situations or the parent prioritized the affair over parenting, it can be relevant.
States Where Adultery Has the Biggest Impact
Georgia
Cheating spouse barred from alimony if adultery caused the separation. Adultery is also a misdemeanor.
South Carolina
Absolute bar to alimony for the cheating spouse. Adultery is a misdemeanor.
North Carolina
Cheating dependent spouse barred from alimony. Cheating supporting spouse MUST pay. Also allows alienation of affection lawsuits against affair partners.
Virginia
Adultery bars spousal support unless denial would cause 'manifest injustice.' Class 4 misdemeanor.
Texas
Proven adultery can result in disproportionate property division favoring the innocent spouse, plus reimbursement for money spent on the affair.
Dissipation of Marital Assets
- ✓Spending marital money on an affair (gifts, hotels, vacations, dinners) is called 'dissipation'
- ✓Dissipation claims are recognized in virtually every state — even no-fault states
- ✓The cheating spouse may be ordered to reimburse the marital estate
- ✓Or the innocent spouse may receive a larger share of the remaining assets
- ✓Evidence: credit card statements, bank records, Venmo/Zelle transfers, hotel receipts
- ✓Forensic accountants can trace spending patterns to uncover dissipation
Proving Adultery
- ✓Direct evidence: photos, videos, text messages, emails, social media messages
- ✓Circumstantial evidence: opportunity (hotel stays, unexplained absences) + inclination (romantic messages)
- ✓Phone records, GPS data, credit card statements showing patterns
- ✓Testimony from witnesses who observed the affair
- ✓Hiring a private investigator (legal in all states if done properly)
- ✓Social media posts and dating app profiles
- ✓Be careful: illegally obtained evidence (hacking phones, recording without consent) can backfire
Every situation is different
Dealing with infidelity in your divorce? Tell our AI advisor about your situation and understand the legal implications in Tennessee.
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Legal Disclaimer: This article covers Tennessee divorce law for general informational purposes only and does not constitute legal advice. Laws change frequently. Always consult a licensed Tennessee family law attorney for advice specific to your situation.