{"id":32937,"date":"2022-04-19T17:59:08","date_gmt":"2022-04-19T15:59:08","guid":{"rendered":"https:\/\/www.cbleon-abogados.com\/?p=32937"},"modified":"2026-06-11T13:13:41","modified_gmt":"2026-06-11T13:13:41","slug":"infidelidad-en-un-matrimonio","status":"publish","type":"post","link":"https:\/\/cbleon-abogados.com\/en\/infidelidad-en-un-matrimonio\/","title":{"rendered":"What legal consequences can infidelity have in a marriage?"},"content":{"rendered":"

Some couples come to our office and tell us that one of the main reasons they want a divorce is because their spouse has been unfaithful. Some even ask if it\u2019s possible\u2014or appropriate in this case\u2014to seek compensation for this or even take legal action, but\u2026 Is this possible?<\/span><\/strong><\/p>\n

Infidelity and Marriage<\/span><\/strong><\/h2>\n

\"An<\/span><\/p>\n

The first question that arises is whether the fact that one of the spouses has been unfaithful affects the divorce or separation proceedings.<\/span><\/p>\n

The Divorce Act was passed in 1981 to provide a legal framework for divorce. One of the grounds for divorce provided for in this law is marital infidelity, and since then it has been recognized that an extramarital affair can be sufficient grounds for ending a marriage.<\/span><\/p>\n

That changed in eIn 2005, when the grounds for divorce were eliminated, instances of infidelity ceased to be relevant in these proceedings.<\/strong><\/span><\/p>\n

However, it is not uncommon to encounter cases in which one of the parties mentions instances of infidelity in their complaint or answer\u2014and even goes so far as to provide evidence of them, such as photographs, conversations, and even a report from private investigators.<\/span><\/p>\n

The documents mentioned above serve only to stir up trouble and disrupt the proceedings, but from a procedural standpoint, they have no bearing on the decision to grant a divorce or separation.<\/span><\/p>\n

Infidelity and Criminal Law<\/strong><\/h3>\n

Under our laws, although adultery was punishable by severe penalties for many years\u2014especially for women\u2014 it ceased to be a crime with the enactment of Law 22\/78 of May 26, 1978, which repealed Articles 449 through 452 of the Penal Code and eliminated the last paragraph of Article 443.<\/strong><\/p>\n

Infidelity and Inheritance Law<\/strong><\/h3>\n

When it comes to inheritances\u2014another of the most frequently asked questions we receive\u2014is whether infidelity can be grounds for disinheritance.<\/p>\n

Failure to fulfill spousal duties is grounds for disinheritance; therefore, in principle, the \u201ccuckolded\u201d spouse could perfectly well disinherit the other spouse.<\/p>\n

However, this situation rarely occurs in reality because it is so impractical, given that:<\/p>\n

It is understood that if one spouse is unfaithful, the other will file for divorce, and once the divorce is granted, the other spouse loses their inheritance rights.<\/strong><\/p>\n

If you have been bequeathed a portion of the estate in a will, it is also understood that, as soon as the infidelity occurs, the first step will be to amend the will.<\/p>\n

Infidelity and Ecclesiastical Annulment<\/strong><\/h3>\n

\"Infidelity<\/p>\n

The Code of Canon Law states that marriage is a matrimonial covenant by which a man and a woman form a lifelong partnership and are to remain faithful to and respect one another.<\/p>\n

If one of the parties to the marriage excludes the duty of fidelity, the marriage is deemed invalid, and therefore null and void.<\/strong><\/p>\n

Now then, does this mean that if one spouse is unfaithful, the marriage automatically becomes null and void? The answer is NO.<\/strong><\/p>\n

This chapter is rarely cited in actions for annulment precisely because of the difficulty involved in proving it, given that:<\/p>\n

    \n
  1. Infidelity is not presumed: this means that whoever alleges it must prove and substantiate it, and we all know how difficult that task is.<\/li>\n<\/ol>\n