Polyamorous marriages are more common than you might suspect. While researchers struggle to pinpoint an exact figure, independent academic Kelly Cookson estimates that nearly ten million couples agree to allow ‘satellite lovers.’ Whether implicit or spelled out, these agreements complicate divorce proceedings. Below, we answer a few of the most common questions about polyamory’s role in divorce.

Could polyamory be grounds for divorce?

Minnesota is a no-fault divorce state, so allegations of wrongdoing generally don’t factor into the filing process. Because polyamory constitutes adultery, it may be regarded as grounds for divorce in other states.

Who gets custody in a polyamorous divorce?

It depends. Minnesota’s status as a no-fault divorce state limits the role polyamory and adultery play in custody decisions. However, while the act of polyamory itself may not impact custody, related behaviors and circumstances could. For example, a monogamous spouse may receive primary physical custody if the other spouse’s paramour (non-marital partner) is involved in criminal activity or otherwise believed to be a bad influence on the child.

How does polyamory impact child support?

Polyamory does not determine child support in and of itself. Payments could be affected, however, if the polyamorous spouse has children outside of the marriage. Often, custodial spouses of parents with children from other relationships receive less in child support due to the other parent’s obligation to support children from multiple families.

What happens if non-married partners split?

Polyamory is often more complicated for non-married partners than it is for their spouses. Splits often resemble non-married breakups, but children outside of wedlock can complicate matters. Polyamorous fathers who fail to establish paternity with non-married parents may struggle to obtain visitation rights.

The team at the law firm of Barna, Guzy & Steffen, Ltd. provides a nonjudgmental approach to divorce representation. No matter the sensitive details of your family matters, you can count on the Brown Law Offices for discretion.