For many people, adultery is not only a personal breach of trust, but also a common reason for divorce. In this situation, the question often arises: Do I still have to pay alimony to my spouse despite adultery? Or do I have a claim for financial compensation because of the adultery?

The answer depends largely on which law applies to the divorce and its financial consequences. In international marriages, for example between Switzerland and Thailand, the differences can be significant.

Switzerland: Post-divorce alimony is generally not based on fault

Under Swiss divorce law, post-divorce alimony does not primarily depend on who “caused” or “destroyed” the marriage. The key question is whether one spouse is able to provide for their own reasonable alimony after the divorce. The legal basis for this is Art. 125 of the Swiss Civil Code.

In practice, this means:

Adultery does not generally lead to more or less alimony

An affair or an act of adultery is usually not treated as a financial “bonus” or “penalty” under Swiss law. The court does not calculate alimony as a punishment for moral misconduct.

Economic criteria are decisive

Relevant factors include, in particular, the duration of the marriage, the division of roles during the marriage, childcare, employment, income, assets, age, health, education and the possibility of returning to the labour market. As a general rule, fault for the breakdown of the relationship does not play a role.

Alimony is not compensation for emotional suffering

Post-divorce alimony is not intended to punish adultery or financially compensate emotional harm. Its purpose is to take account of economic disadvantages connected with the marriage and, as far as possible, to support the transition to financial independence.

However, there are exceptions under Swiss law. A alimony contribution may extraordinarily be reduced or refused if it would be manifestly inequitable, for example in cases of particularly serious misconduct by the spouse claiming alimony. Ordinary adultery, however, is generally not sufficient for this.

Thailand: Adultery can have financial consequences

Thai law deals differently with misconduct during marriage in certain cases. In a judicial divorce, adultery may not only constitute a ground for divorce, but may also give rise to financial claims.

Compensation for adultery

Under Thai law, the betrayed spouse may, under certain conditions, claim compensation if the divorce is granted by court judgment on an adultery-related ground for divorce. Section 1523 of the Thai Civil and Commercial Code provides that compensation may be claimed not only against the spouse, but in certain circumstances also against the third person involved.

The third person may also be held liable

Unlike under Swiss law, a financial claim in Thailand may therefore not only be directed against the spouse. Depending on the circumstances, the person with whom the extramarital relationship was conducted may also be included in a compensation claim. However, the statutory requirements must be met and the claim must be provable. Not every private or one-off affair automatically leads to an enforceable claim.

The court decides according to the circumstances of the individual case

The amount of compensation is not calculated according to a fixed formula. The Thai court considers the specific circumstances of the case and may order either a lump-sum payment or payment by instalments. In claims against the spouse, the court may also take into account the share that this spouse receives from the division of marital property (Sin Somros).

Alimony and compensation must be distinguished

Under Thai law, a distinction must be made between compensation for misconduct and ongoing alimony payments. Ongoing alimony may be relevant in particular where the divorce is based on the fault of one spouse and the other spouse does not have sufficient means after the divorce. Here too, the court decides according to the circumstances of the individual case, especially need and ability to pay.

Time limits must be observed

For certain grounds for divorce and compensation claims, especially those relating to adultery, short time limits may apply. Under Thai law, such claims may, in certain circumstances, expire within one year after the affected spouse knew or should have known of the relevant facts. Anyone wishing to bring a claim should therefore not wait too long.

What does this mean for international couples?

Swiss-Thai couples, and international couples more generally, should not assume too quickly that the legal situation is the same as “at home”. Whether Swiss or Thai law applies depends, among other things, on domicile, jurisdiction, nationality, any agreements between the spouses and the specific proceedings.

Especially in matters involving adultery, assets, alimony and compensation claims, the choice of court and the applicable law can have significant financial consequences.

Another important point is that Thailand provides not only for judicial divorce, but also for divorce by mutual consent before the district office (Amphur). However, many claims, particularly compensation claims based on adultery, require a judicial divorce or must be asserted in the relevant court proceedings. The type of procedure can therefore be decisive.

Conclusion

In Switzerland, post-divorce alimony is generally independent of fault. Adultery normally does not lead to either a higher or a lower alimony contribution. The critical factors are the economic circumstances and whether one spouse is able to provide for their own alimony after the divorce.

In Thailand, by contrast, adultery may have much stronger financial consequences. In a judicial divorce, adultery may, under certain conditions, give rise to compensation claims, in some cases even against the third person. Ongoing alimony must be distinguished from this and depends in particular on fault, need and ability to pay.

Anyone living in an international marriage or holding assets in several countries should therefore seek advice at an early stage on which law applies, which court may have jurisdiction and what financial consequences a divorce in Switzerland or Thailand may have.

This article is for general information only and does not replace individual legal advice.