Attorney Todd Dwire speaking with staff member in conference room

We See The Big Picture In Family Law

Can you save your marriage after you catch your spouse cheating?

On Behalf of | May 19, 2020 | Divorce |

Infidelity can put a lot of strain on a relationship. After all, part of a marriage is promising to be true to your partner. Once someone violates that vow, it can be hard to overcome the feelings of betrayal and anger that often arise.

An affair can cause resentment and make someone distrust their spouse. Given that infidelity often destroys the trust and respect that are both cornerstones of most marital relationships, adultery remains a leading cause of many contentious modern divorces.

However, just because your spouse has cheated on you doesn’t mean that filing for divorce is the only option. You may be able to work through how cheating affects you and your relationship and preserve your marriage. There is actually a popular, legal way for you to protect yourself while trying to save your marriage after your spouse cheats. 

Creating a postnuptial agreement can protect you from future affairs

Infidelity seems to be a habitual offense for some people. There are individuals who will repeatedly cheat on their partner or spouse, possibly only getting caught some of the time. Others may have just made a one-time mistake, possibly due to unusual circumstances. Both kinds of affairs can hurt you, but you can potentially move on if your spouse promises to work on the relationship and remain faithful.

Regardless of which category you think your spouse falls into, protecting yourself from future infidelity now is a smart idea. You and your ex can create a postnuptial agreement as one of the ways to address their infidelity. A postnuptial agreement is much like a prenuptial agreement. In it, you set out expectations for your marriage and the conduct of your spouse, as well as guidelines for how to quickly and amicably separate your assets and then set up parenting time in the event of a divorce.

It is also possible for you to include penalty clauses in this contract to create a financial incentive for your spouse to remain faithful. For example, you might agree to reduce an unfaithful spouse’s share of the marital estate by 10%, thereby creating a concrete penalty for behavior that has caused serious emotional damage.

Such a clause can motivate some people to stay faithful. If they do not, at least the postnuptial agreement will protect you from a drawn-out, contentious process if you decide to divorce.


RSS Feed