A paramour is a person who is a love or romantic interest of a married person who is engaging in adultery with the paramour. Spouses engaged in adulterous affairs with paramours sometimes give gifts to their paramours, and often spend marital or community property on such gifts. The non-cheating spouse may pursue a reimbursement claim and ask the court to order the spouse who spent marital assets on a paramour to reimburse the marital or community estate—by returning the gift if it retains its value (jewelry) or replacing the funds with the cheating spouse’s separate property funds.
In Massachusetts, adultery can be considered when dividing marital property during a divorce. While Massachusetts is a 'no-fault' divorce state, meaning that a divorce can be obtained without proving wrongdoing by either spouse, the conduct of the parties during the marriage can still be relevant in certain circumstances. If a spouse has spent marital assets on a paramour, the non-cheating spouse may raise this issue in court. The court has the discretion to consider this wasteful dissipation of marital assets when equitably dividing property. The non-cheating spouse may seek reimbursement for the marital funds spent on gifts for a paramour, and the court may order the cheating spouse to compensate the marital estate. This could involve returning the gift if it retains value, such as jewelry, or replacing the funds with the cheating spouse’s separate property. It's important to note that the specifics of each case can vary, and the outcome can depend on the evidence presented and the judge's discretion.