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 Pennsylvania, adultery can have legal implications in the context of divorce proceedings. While Pennsylvania is a no-fault divorce state, meaning that a spouse can seek a divorce without proving fault, adultery can still be considered when it comes to the division of marital property and alimony. If a spouse has spent marital assets on a paramour, the non-cheating spouse may raise this issue during the divorce process. The court may consider the dissipation of marital assets when one spouse uses marital funds for non-marital purposes, such as buying gifts for a paramour. In such cases, the court has the discretion to order reimbursement to the marital estate. This could involve returning the gift if it retains value, like jewelry, or compensating the marital estate with separate funds from the cheating spouse. It is important to note that the specifics of each case can vary, and the outcome can depend on the evidence presented and the discretion of the court.