The act of receiving alimony in a case of proven adultery is administered through state interpretation.
Federal law states that marital fault or adultery does not play a factor in the alimony statute to determine the eligibility for alimony payments.
That being said, the alimony statute states that “in all actions for divorce other than those where judgment is granted solely on the ground of separation, the court may consider also the proofs made in establishing such ground in the determination of the amount of alimony that is considered reasonable and just.”
As a result of this interpretation, the presence of alimony if proven adultery exists is considered valid, but only in a narrow and very extreme circumstance.
Again, the judgment is based on state interpretation, but in general cases of adultery will rarely meet the standards and requirements established by the federal alimony statute.