We have heard or read about isolated or multiple allegations of infidelity in high profile cases.  While we have opinions on the possible reasons (or lack thereof) for someone engaging in one or multiple extra-marital relationships, very few of us would debate that disclosure of an extra-marital relationship is a violation of trust that may not be overcome.  But what legal significance does an extra-marital relationship have in Minnesota?

The answer is that an extra-marital relationship in and of itself is not legally relevant in Minnesota.  Minnesota is a “no-fault” state.  What this means, in part, is that a court cannot and will not make legal decisions in a case based upon who is at fault for the end of the marriage or the relationship.  In states that are “fault-based,” an extra-marital relationship would impact legal decisions a court makes.

Although an extra-marital relationship is not in and of itself a basis for legal decisions, such a relationship may become relevant in Minnesota.  Here are some examples of how this could become a relevant issue under Minnesota law:

1.    Children of Marriage: If children of the marriage are exposed to the extra-marital relationship in a way that is inappropriate or contrary to their “best interests.”  This may include integrating the children and an intimate partner outside the marriage or primary relationship in a way that is confusing and emotionally detrimental. 

A relationship outside the marriage may also become relevant in Minnesota if the relationship continues after a divorce action begins and physical custody or parenting time is contested.  If the person having the relationship with a married spouse has ongoing substance abuse issues and spends time around the children, for example, a court will examine the best interest factors to determine if and how parenting time should be impacted.

2.    Dissipation of Marital Assets:  A second way an extra-marital relationship could have relevance in Minnesota is financial.  If the person having the extra-marital relationship is spending down marital resources or incurring credit card debt to support an extra-marital relationship, the non-participating spouse may have a claim for dissipation of marital assets in a divorce action. 

Dissipation means use, transfer, encumbrance or concealment of marital funds (without the prior knowledge and consent of the other party) other than in the usual course of business or for the necessities of life.  If a marital partner dissipates marital assets in contemplation of a divorce or after a divorce action has been commenced, upon proof of the claim, the other spouse can seek reimbursement of dissipated sums or the amount of the dissipation can be accounted for in a property division.

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Minneapolis MN family law attorney Geri Napuck delievers personalized representation to the Twin Cities. She practices exclusively in the area of family law and has extensive experience representing clients in divorces, child custody issues, parenting issues, property division, spousal maintenance, post-divorce matters, paternity and most recently has added pet mediations to her list of mediation services.

Contact divorce attorney Geri Napuck today to schedule a free 30 minute phone consultation. She is ready to listen and will meet with potential clients or clients outside of her four office locations in the Minneapolis metro area.

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