Divorce and Adultery: How the Pennsylvania Courts Approach the Matter
Among the many grounds on which you can file for divorce, adultery is the most popular. Adultery can influence the court’s decisions when it comes to deciding matters such as child custody, alimony, and the division of marital assets. However, it isn’t as straightforward as simply taxing a litigant for their extramarital affair, and bad conduct during the marriage doesn’t necessarily translate into a better outcome in court. In this article, the Philadelphia divorce lawyers at the Law Offices of Lauren H. Kane will discuss how the courts approach the matter of adultery.
Background of the case
The case of Crawford v. Crawford, 633 A.2d 155 (Pa. Super. Ct. 1993), underscored the role adultery can play in a divorce proceeding. The case involved a dispute over spousal support (alimony) obligations. The wife initially filed for spousal support and support of a dependent adult child. A hearing was held to address the support matter. The trial court initially issued a support order on behalf of the wife. The husband appealed the support order three years later. In his appeal, the husband raised several issues. These include the timeliness of the order and the calculation of support. After another year, a new hearing was held, resulting in a new support order that significantly reduced the wife’s income. The case was ultimately heard by the Pennsylvania Superior Court.
The parties were married in December 1952 and then separated in February 1988. They had four children, with one adult child who was disabled, an adult daughter, who resided with the wife at the time of the initial hearing. The daughter received SSI benefits. At the time of the divorce, the husband was a retired police officer with a monthly income of $2,982.00. Meanwhile, the wife worked part-time at a library and earned around $1,235 per month, including her daughter’s social security benefits.
During the trial, the husband accused the wife of adultery as the basis for challenging the alimony order. The wife, on the other hand, presented testimony that the husband condoned (or had forgiven) the affair by engaging in sexual relations of his own. Condonation is a valid defense to adultery charges.
The primary issue then became whether or not the husband could deny his former spouse alimony on the basis of her alleged adultery, while considering the wife’s argument that the husband condoned the affair.
The outcome of the case
The Pennsylvania Superior Court was tasked with addressing several issues related to the support order. The court affirmed the standard of proof in adultery cases. Ultimately, a litigant must prove adultery by “clear and convincing evidence.” In Crawford, the court acknowledged the husband’s accusation but supported the trial court’s ruling that even if adultery had occurred, the husband’s claim was barred by condonation, meaning acts of sexual intercourse after the affair was uncovered nullified the grounds for divorce based on adultery. The court found that the wife had successfully defended the accusation, and thus her alimony was not reduced or terminated.
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The Law Offices of Lauren H. Kane represent the interests of those pursuing a divorce in Philadelphia. Call our Philadelphia family lawyers today to schedule an appointment, and we can begin discussing your next steps right away.
Source:
law.justia.com/cases/pennsylvania/superior-court/1993/429-pa-super-540-2.html#:~:text=In%20his%20brief%2C%20husband%20claimed,support%20for%20his%20adult%20child.
