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IS CHEATING EVER JUSTIFIED? – What Is Cheating in a Relationship?

Published: December 19, 2012

Last Updated: December 23, 2025

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IS CHEATING EVER JUSTIFIED? – What Is Cheating in a Relationship?

When you get married, you’re making a commitment to stay faithful, both emotionally and physically, to one person. While many people have long, successful marriages, some have to deal with infidelity. In those cases, physical and emotional infidelity may drive the slighted spouse to a Richmond Hill divorce lawyer’s office.

A cheater may become unfaithful due to many reasons. They may spend extended periods away from home, have an unhappy marriage, or simply believe it’s okay if their significant other never finds out. Oftentimes, the partner feels and experiences trauma over what their cheating partner has done. Naturally, cheating stands to affect one’s mental health and self-esteem. 

Yet, there may be situations where people cheat and feels justified in their actions. 

What Constitutes Cheating?

Every couple will have a different definition of what is considered cheating. Some people rigidly define an affair as sexual activity outside a monogamous relationship, while others believe that an emotional affair or an online affair (e.g. sexting, flirting through social media, using dating apps) is just as bad as physical cheating.

The general consensus doesn’t really matter, though. What matters is how you define cheating within your own marriage. If your spouse is engaging in behaviours that you feel betray your trust, monogamy, and your marriage, you’re entitled to any feelings that may arise.

Common Reasons Behind Cheating

Your Richmond Hill divorce lawyer can probably provide you with dozens of reasons people claim to have affairs—after all, your lawyer deals with divorcing couples from all sorts of backgrounds on a daily basis, so he or she has likely heard it all.

However, psychologists seem to have narrowed down the root causes of cheating to eight. Most often, people who cheat cite reasons like:

  • being dissatisfied sexually with their partner
  • unfulfilled sexual desire
  • being emotionally unsatisfied
  • wanting more emotional attachments
  • falling out of love with partners
  • falling in love with someone outside the marriage (e.g., a coworker, a friend, etc.)
  • wanting to exact revenge on a partner who cheated on them
  • boredom

But are any of these reasons morally or ethically justified? The short answer is: maybe.

When Is Cheating Okay?

You and your partner have to define what constitutes cheating before it happens; that way, you’re on a level playing field. You’ll also need to look at the “big picture” as a couple and as an individual.

The only way cheating can be justified is if the reasons behind the actions matter to you as a couple (or to you as an individual). Some people find the act of cheating unforgivable, regardless of the reasons behind it. Others consider all the factors.

It all boils down to your personal feelings. You may feel as if your (or your spouse’s) infidelity is justified based on your own beliefs, or you may feel that going outside your relationship boundaries for physical or emotional gratification can never be justified.

Talk to Your Ontario Divorce Lawyer

Even if you or your spouse thinks that infidelity is justifiable, you’ll need to discuss the legal ramifications with your Ontario family law or divorce lawyer. The law is “reason, free from passion” (we can thank Aristotle for that definition), so legally, the cause of cheating doesn’t make much impact on the way the courts view it.

At Gelman & Associates, we provide effective legal representation during separation and divorce, tailored to your individual needs. Our lawyers are passionate and understanding, but also tough when necessary. Our focus is not only on exceptional legal counsel but also on a positive customer experience from the moment you contact our offices. In keeping with this goal, we ensure our clients have all the information and resources necessary to make educated decisions throughout the separation and divorce process.

Written by Lisa Gelman

Senior Lawyer

Senior Lawyer Lisa Gelman has over 25 years of family law experience and founded Gelman & Associates to provide strategic legal counsel in family law matters concerning divorce, parenting, separation, and more.

Frequently Asked Questions - divorce & separation

If you or your spouse are not in Canada, you can not get a divorce. However, you can end your marriage under the Civil Marriage Act. You can only end your marriage in Canada and not another country because your marriage is only valid in Canada.

Yes, you can date while separated in Canada. However, there is a legal implication to that. If the timing of your new relationship comes into question during your divorce, your relationship may be considered as an affair or adultery.

Yes. Our legal services are available in person, online, and over the phone. In addition, although our main office is located in Toronto, we have over 8 additional satellite offices located throughout central, southern, western, and eastern Ontario to serve family law clients across the province.

If you are litigating your matter, social media posts made by your spouse or partner may be relevant, especially if they contradict what your spouse is claiming in his or her pleadings.

For example, if a spouse is claiming financial hardship, a Facebook post that shows that spouse going on an expensive trip or posing with an expensive car can undermine such claim and potentially affect that party’s credibility in court if presented as evidence on a motion or at trial.

Further to photograph-based posts, statements that are made on social media by one party can be relevant if said posts (i) are related to the litigation, to issues of parenting and/or (b) contradict statements that were made by the party in his or her pleadings. For example, if a party is attempting to establish that he or she is an appropriate custodial parent, then recent social media posts about extensive partying and drug use made by that party may be relevant in court, as they may speak to that party’s fitness when it comes to appropriate supervision of a child in his or her care.

Yes, you can separate from your spouse. Separation does not have to lead to divorce. However, if you plan to remarry, you must file for divorce after one year of separation. Also, you may want to consider that if you just leave, your spouse may file for spousal support or child support.

It is advised however that before leaving, you try to have a separation agreement with your spouse.

Divorce can be a difficult decision to make, especially if you’re unsure if your partner will sign the petition. However, a divorce does not require your partner’s consent. Although it may be a long process if your partner doesn’t comply, they will not be able to stop you indefinitely.

The only ground for a divorce in Canada’s Divorce Act is marriage breakdown. This could include spousal infidelity, although infidelity alone could be difficult and emotionally taxing to prove in court.

You are not legally required to retain a lawyer to apply for divorce. However, a divorce application may involve important questions about parenting, support, property and procedural requirements. Independent legal advice can help you understand how a proposed agreement or court application may affect you.

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