Question Presented: Is it likely that one spouse would be granted an award of spousal support in a divorce for having been infected with a sexually transmitted disease (STD) by the other spouse?
Most states have spousal support/alimony statutes which list factors for the Court to consider when awarding spousal support. Many of these statutes, such as Ohio’s statute, include in the list “any other factor that the court expressly finds to be relevant and equitable” or something similar to this. Using this factor, courts do have the authority to consider the contraction of an STD between spouses when awarding spousal support. In many cases in which one party to a marriage contracts an STD, it is the result of an extramarital affair. The other party is then infected with the STD through continued sexual relations between the spouses. Obviously, there may be significant proof problems associated with establishing the origin of the STD.
Ohio, as well as most states, will also consider the health (physical, emotional, and psychological) of the parties when awarding spousal support. This is another factor which may lead to a party who contracted an STD from his/her spouse being awarded spousal support. People with STDs … Read More... “Sexually Transmitted Diseases and Alimony Proceedings”