How Does Your Spouse’s Cheating Impact Your Tennessee Divorce?
The breakdown of a marriage is always challenging and emotional. However, the process can become even more complicated and messy if you discover that your spouse was engaged in an extramarital affair. It is natural to be upset not only at your former spouse but also at the homewrecker who played a role in the disintegration of your marriage.
You may wonder if it is possible to seek justice through the court system for the harm they caused you. An experienced Tennessee divorce attorney can explain what you need to know about the state’s homewrecker laws and the ways the hurtful actions of your spouse could play a role in the court’s rulings in your divorce.
What Is Alienation of Affection?
Alienation of affection is a civil lawsuit against a third party who interfered with your marriage—typically through an affair—causing you to lose your spouse’s love and companionship.
Alienation of affection is a tort (a civil wrong) that allows a married person to sue someone who “stole” their spouse’s affection. The lawsuit targets the third party—the affair partner—rather than the cheating spouse.
To win an alienation of affection claim in states that allow it, the plaintiff must typically prove the marriage was happy and loving before the interference, the defendant’s conduct destroyed that love and affection, and the plaintiff suffered damages as a result.
The claim doesn’t always require a sexual affair. In some states, a person who encouraged or manipulated a spouse into leaving—such as an overbearing in-law or a predatory “friend”—could face liability. But romantic affairs are the most common basis for these lawsuits.
Can You Sue a Homewrecker in Tennessee?
No. Tennessee eliminated alienation of affection and criminal conversation claims effective July 1, 1989. There is no legal avenue to sue the person your spouse cheated with.
Tennessee is among the majority of states that have abolished these “heart balm” torts. The legislature determined that allowing lawsuits against affair partners created more problems than it solved—encouraging vindictive litigation and failing to repair damaged marriages.
Only a handful of states still permit alienation of affection claims. North Carolina is the most notable, where these lawsuits remain relatively common and can result in significant damage awards. Hawaii, Mississippi, New Mexico, South Dakota, and Utah also technically allow these claims, though they’re rarely filed.
If your spouse’s affair occurred in Tennessee, you have no legal recourse against the third party—regardless of how deliberate or destructive their conduct was.
How Does Adultery Affect a Tennessee Divorce?
Adultery is grounds for fault-based divorce and can influence alimony awards, asset division (if marital funds were spent on the affair), and potentially custody if the conduct affected the children.
While you can’t sue the affair partner, your spouse’s infidelity matters in your divorce. Tennessee is a fault-based divorce state, and adultery carries legal consequences:
Adultery as Grounds for Divorce
Adultery and “inappropriate marital conduct” are both recognized fault grounds. Inappropriate marital conduct is often easier to prove and includes emotional affairs.
Tennessee recognizes 13 grounds for fault-based divorce. Two apply directly to affairs:
Adultery requires proving a sexual relationship occurred. This demands stronger evidence—testimony, photographs, hotel records, or admissions. The burden of proof is a “preponderance of the evidence,” meaning more likely than not.
Inappropriate marital conduct is broader and easier to establish. An emotional affair—romantic texts, secret meetings, declarations of love—qualifies as inappropriate marital conduct even without proof of sex. Many attorneys cite this ground as an alternative or addition to adultery.
Proving either ground allows the court to grant the divorce. The wronged spouse doesn’t need their cheating partner’s consent.
How Does Adultery Affect Alimony in Tennessee?
Courts consider fault when awarding alimony. A cheating spouse may receive reduced alimony or be barred from alimony entirely. A faithful spouse who was financially dependent may receive more.
Tennessee judges have discretion in awarding spousal support, and the fault of each party in the marriage breakdown is a statutory factor. Adultery can affect alimony in several ways:
- Reduced award: A spouse who committed adultery may receive less alimony than they would otherwise be entitled to based on financial need.
- Complete bar: In some cases, the court may deny alimony entirely to a cheating spouse, particularly if the affair was flagrant or ongoing.
- Increased award: A financially dependent spouse who was faithful may receive a more generous alimony award when their partner’s infidelity caused the divorce.
The impact depends on the specific facts and the judge’s discretion. Adultery alone doesn’t guarantee any particular outcome, but it’s a factor the court will consider alongside financial circumstances.
Does Adultery Affect Property Division?
Not directly—Tennessee law doesn’t allow judges to consider misconduct in dividing assets. However, marital funds spent on an affair (gifts, trips, hotels) can be recovered as dissipation of assets.
Tennessee courts divide marital property equitably, and the statute doesn’t permit judges to punish a cheating spouse by awarding them less property simply because they had an affair.
But there’s an important exception: dissipation. If your spouse used marital funds to finance the affair—expensive gifts, vacations, hotel rooms, dinners, jewelry—that spending can be traced and accounted for in the property division.
Evidence of dissipation includes credit card statements showing unusual purchases, bank withdrawals without explanation, receipts for jewelry, travel, or gifts you never received, and financial records showing money transferred to the affair partner.
The court can subtract dissipated amounts from the cheating spouse’s share of the marital estate. If your spouse spent $50,000 on their affair, that amount may be deducted from what they receive in the divorce.
Can Adultery Affect Child Custody?
Only if it affected the children. Tennessee bases custody on the child’s best interests. Adultery alone isn’t determinative, but exposing children to the affair or neglecting them because of it can influence custody decisions.
Courts focus on what’s best for the child, not on punishing a parent’s marital misconduct. An affair, by itself, doesn’t make someone a bad parent.
However, if the affair harmed the children—or could harm them going forward—it becomes relevant. Situations where adultery affects custody include instances where the parent introduced the affair partner to children inappropriately, neglected parenting responsibilities while pursuing the affair, exposed children to adult situations or conflict, or created instability that affected the children’s wellbeing.
The parent arguing that adultery should affect custody must present evidence showing how the conduct impacted the children—not just that it happened.
What Evidence Do You Need to Prove Adultery?
Text messages, emails, photographs, social media posts, witness testimony, financial records, and private investigator reports can all support adultery claims.
If you suspect or know your spouse had an affair, preserving evidence is critical. The standard of proof is “preponderance of the evidence”—you must show it’s more likely than not that adultery occurred.
Useful evidence includes:
- Text messages and emails between your spouse and the affair partner
- Photographs showing the relationship
- Social media posts, check-ins, or tagged photos
- Credit card and bank statements showing gifts, hotel stays, or travel
- Phone records showing frequent contact
- Testimony from people who witnessed the affair
- Reports from a private investigator
- Admissions from your spouse (written or recorded where legal)
Consult an attorney before gathering evidence. Some methods—like accessing password-protected accounts without permission or recording conversations—may violate the law and could backfire in court.
Although Tennessee law does not allow you to sue the individual who had an affair with your spouse, it does provide leeway for judges in divorce cases to factor in the effects of marital misconduct. If you have questions about how your spouse’s actions could play a role in your divorce, contact our professional lawyers for family disputes at the Law Office of Hibbeler & Associates today to schedule a free, confidential case evaluation: 931-440-8496.
