# No-Fault Divorce in Canada: Does Cheating Matter in Court? Finding out your spouse has been unfaithful is devastating. On top of the emotional pain, you may be wondering whether their affair will affect your divorce. Will cheating speed things up? Will you get a larger share of the assets? Will it affect parenting arrangements? The short answer might surprise you: under Canadian law, adultery generally has very little impact on how your divorce unfolds. Canada has what's called a "no-fault" divorce system, which means the reasons your marriage broke down typically don't affect decisions about property, support, or parenting. This article explains what no-fault divorce actually means, how adultery fits into the picture, and what you can realistically expect if infidelity is part of your story. ## What "No-Fault Divorce" Means in Canada Under the federal [Divorce Act](/glossary#letter-d), there is only one ground for divorce: breakdown of the marriage. The Divorce Act provides three ways to prove that breakdown has occurred: **Living separate and apart for at least one year** is by far the most common path. National data suggest the vast majority of Canadian divorces (commonly reported as around 95%) use this ground. You don't need to prove anyone did anything wrong. You simply need to show that you and your spouse have been living separate lives for 12 months. You can even start the separation while still living under the same roof if finances or other circumstances require it, as long as you can demonstrate you were living separate lives. **Adultery** means your spouse engaged in voluntary sexual intercourse with someone outside the marriage. Only your spouse's adultery counts. You cannot use your own affair to speed up your divorce. **Physical or mental cruelty** means your spouse treated you in a way that made continued cohabitation intolerable. This includes domestic violence and serious emotional abuse. The "no-fault" aspect is crucial: the ground for divorce is simply that the marriage has broken down, not that anyone is to blame. Adultery and cruelty are just alternative ways to prove that breakdown without waiting a year. And regardless of which path you use to get divorced, the court generally does not consider marital misconduct when making decisions about [dividing property](/blog/dividing-property-ontario-separation-divorce), spousal support, or [parenting arrangements](/blog/custody-vs-access-decision-making-parenting-time). The court's job is to divide things fairly and act in the [best interests of children](/glossary#letter-b), not to punish bad behaviour. ## Can You Use Adultery to Get Divorced Faster? In theory, yes. If you can prove your spouse committed adultery, you don't have to wait the full year of separation before your divorce can be granted. This sounds appealing when you're hurt and want to move on quickly. But this only helps if you can actually prove it and you haven't "condoned" (forgiven) the adultery by continuing the marriage after you found out. In practice, most family lawyers advise against pursuing an adultery-based divorce for several reasons. **Proving adultery takes time and money.** Unless your spouse admits to the affair, you'll need evidence. This might include photographs, communications, eyewitness testimony, or other proof that a sexual relationship occurred. Gathering and presenting this evidence often takes longer than simply waiting out the one-year separation period. Many cases where someone tries to prove adultery end up taking more than a year anyway, at which point the separation ground is available. **It makes the divorce contested.** An [uncontested divorce](/blog/uncontested-vs-contested-divorce-difference) where both parties agree is simpler, faster, and far less expensive. When you accuse your spouse of adultery and they deny it or contest the proceedings, you're looking at a more adversarial process with higher legal fees. **The outcome is usually the same.** Even if you successfully prove adultery, you generally won't receive any advantage in terms of property division, support, or parenting time. The time and money spent proving the affair rarely changes the final result. For most people, the practical advice is to begin the separation, use the year productively to work out arrangements through negotiation or [mediation](/blog/how-to-choose-a-divorce-mediator-in-ontario), and file for divorce based on one year of separation. ## Does Cheating Affect Property Division? In most cases, no. Property division in Ontario is governed by the provincial Family Law Act, which uses an equalization system. This means the spouse with the higher net family property pays half the difference to the other spouse. The calculation is based on financial values, not on who was "at fault" for the marriage ending. The court doesn't award extra money to one spouse simply because the other had an affair. Whether your spouse was faithful or not, the same equalization principles apply. There is one important exception: **dissipation of assets**. If your spouse used significant marital funds to support the affair (paying for trips, gifts, an apartment for their affair partner, or other expenses), this spending might be considered when dividing property. The court can look at whether those transactions unfairly depleted the family's assets. However, you'll need clear records and documentation, and the analysis depends heavily on the specific facts. A few dinners or small gifts are unlikely to make a difference. Substantial financial misconduct is a different matter. If you suspect your spouse has been hiding money or spending heavily on an affair, it's worth discussing this with a [family lawyer](/blog/how-to-choose-a-divorce-lawyer-in-ontario) who can advise whether it's likely to affect your settlement. ## Does Cheating Affect Spousal Support? Generally, no. The Divorce Act specifically states that the court must not consider marital misconduct when determining spousal support. Support is based on financial need and ability to pay, not on rewarding or punishing behaviour. When courts decide whether to award spousal support and how much, they look at factors like the length of your marriage, each spouse's financial needs and means, the roles each person played during the marriage, and each spouse's ability to become financially self-sufficient. If your spouse would otherwise be entitled to support based on these factors, the fact that they had an affair doesn't disqualify them from receiving it. The same principle works in reverse. If you're the one who had an affair but you're otherwise entitled to spousal support based on the factors above, your entitlement isn't automatically affected by your behaviour. Courts don't consider misconduct itself, but they do consider actual financial circumstances, including health and ability to work. In rare situations, if an affair caused documented health impacts that directly affected a spouse's ability to earn income or become self-sufficient, the resulting financial need could be relevant. But this would be considered because of the financial impact, not as punishment for the affair. ## Does Cheating Affect Parenting Arrangements? The short answer is: usually not. Courts make parenting decisions based on the [best interests of the child](/glossary#letter-b), and the Divorce Act specifically states that a person's past conduct is not relevant unless it is relevant to their ability to act as a parent. Having an affair doesn't automatically make someone a bad parent. The court will consider things like each parent's relationship with the children, their ability to meet the children's needs, the children's views and preferences (depending on age), and practical considerations like work schedules and living arrangements. However, there are situations where the affair could indirectly matter: **If the affair exposed children to inappropriate situations.** For example, if a parent's affair partner was introduced to children in confusing or harmful ways, or if the affair involved neglect of parenting responsibilities, this could be relevant to parenting decisions. **If family violence was involved.** Under the 2021 amendments to the Divorce Act, courts must consider family violence when making parenting decisions. If the affair involved any form of abuse, coercion, or harassment, this would be relevant, but because of the violence itself, not simply the infidelity. **If the affair affects the parent's judgment.** In rare cases, if a parent's behaviour during or after an affair raises genuine concerns about their judgment or stability as a parent, this might be considered. But simply having an affair, without more, doesn't change a parent's rights to parenting time or [decision-making responsibility](/blog/custody-vs-access-decision-making-parenting-time). ## Important Rules About Adultery as a Divorce Ground If you're still considering pursuing divorce on the ground of adultery, there are some important rules to understand: **You cannot use your own adultery.** Only your spouse's affair can be used as grounds for divorce. If you were the one who was unfaithful, you'll need to use the one-year separation ground. **Condoned adultery generally cannot be revived later.** If your spouse had an affair and you found out but chose to continue the marriage, the adultery is considered "condoned" (forgiven). You generally cannot later use that affair as grounds for divorce. If you want to use adultery as grounds, you typically need to act on it after discovery rather than attempting reconciliation first. **Emotional affairs don't meet the legal definition.** While emotional affairs can be deeply hurtful and may contribute to the breakdown of your marriage, they don't meet the legal definition of adultery under the Divorce Act. Adultery requires voluntary sexual intercourse. Online relationships, sexting, or emotional connections without physical sexual contact are not adultery for legal purposes, although they can certainly be a reason you decide your marriage is over. **You don't need to name the affair partner.** If you're filing for divorce based on adultery, you don't need to identify who your spouse was involved with. The focus is on whether the affair happened, not who it was with. ## What Should You Actually Focus On? If your spouse has cheated and you're considering divorce, here's where to direct your energy: **Get good advice early.** Speak with a [family lawyer](/blog/how-to-choose-a-divorce-lawyer-in-ontario) about your specific situation. Many offer free initial consultations, and [unbundled services](/blog/unbundled-limited-scope-family-lawyers-ontario) can help you get advice without committing to full representation. **Document financial information.** While the affair itself may not matter legally, having a clear picture of your family's finances is essential. Gather information about bank accounts, investments, debts, property, and any unusual spending. **Consider your process options.** If you can work with your spouse to reach agreements about property, support, and parenting, you'll save time, money, and stress. Options like [mediation](/blog/how-to-choose-a-divorce-mediator-in-ontario) or collaborative divorce can help even when there's been a betrayal. But if your spouse isn't willing to negotiate fairly, you may need to go through the court process. **Take care of yourself.** Discovering an affair is traumatic. A [divorce coach](/blog/do-i-need-a-divorce-coach) can help you process your emotions and make better decisions. Many people find that rushing into legal action while still in emotional crisis leads to regret later. **Think about the long game.** What matters most in the end is that you reach a fair settlement and, if you have children, arrangements that work for them. Trying to "win" against your spouse by proving their affair usually doesn't change the outcome and can make the process more painful for everyone. ## Key Takeaways **The only ground for divorce in Canada is marriage breakdown.** Adultery and cruelty are just alternative ways to prove breakdown without waiting a year, not separate "fault-based" grounds. **The court must not consider marital misconduct** when deciding spousal support. Property division in Ontario is based on equalization, not fault. The exception is if significant marital funds were spent on the affair (dissipation of assets). **Most Canadian divorces** use the one-year separation ground, even when adultery occurred. National data commonly cite around 95%. **Pursuing adultery as grounds rarely speeds things up** in practice. It only helps if you can prove it and haven't condoned it, and the process of proving adultery often takes longer than waiting out the separation period. **Parenting decisions focus on children's best interests.** Past conduct is only relevant if it affects parenting ability. **You cannot use your own adultery** to get divorced, and condoned (forgiven) affairs generally cannot be revived later as grounds. **Adultery requires voluntary sexual intercourse.** Emotional affairs, while painful, don't meet the legal definition. **Getting good legal advice** and focusing on a fair outcome will serve you better than trying to use the legal system to address the betrayal. ### Disclaimer This article provides general information about divorce and adultery under Canadian federal law and Ontario family law. It is not legal advice. The impact of infidelity on your specific situation depends on many factors, including your province's family law rules and your particular circumstances. For advice about your situation, speak with a family law lawyer in your province.