The IC is trying to make you realize that there really isn’t any appropriate punishment for her infidelity. Plus – if you really think it through – there is no punishment you can control that won’t probably harm you too.
Keep in mind that the traditional view on punishment is that you pay for your crime with the punishment. Once it’s over you don’t owe society the debt anymore. Is there anything she could do that has those consequences regarding her affair?
Let’s look at possible outcomes from the two you mentioned:
The divorce idea – since you two have +18-year-old kids I’m assuming a long-term marriage with the usual bevy of family-home, she staying home when the kids were young and the typical husband being the main bread-winner/wife being the typical home-maker.
If you divorce because you WANT to divorce and for the reasons divorce is usually done, then fine – it’s not punishment but a consequence of how her actions changed how you feel about her. I would all day every day recommend someone divorce rather than stay in a loveless marriage they don’t believe can be fixed. It has always been my view that if you do divorce by the law and are reasonable then it’s doable with as little conflict, pain and cost as possible. Still conflict, pain and cost – but minimized.
If you divorce as PUNISHMENT… If she were my sister and asked me for advice, I would ALWAYS suggest she stick firmly to the law regarding divorce. Namely ensuring she got half the value of the marital assets. After all – divorce changes A LOT of things, including her future financial security.
There are even built-in safety features in the process to ensure the divorce is “fair” within the definitions of the law. Even if your wife signed a heavily loped agreement forfeiting her share of your pension, money for the house and all that then in most (if not all) states a judge would ensure she understood what she was doing, had legal representation and was mentally capable of making that decision. If the judge had any doubts, he could even order a court-appointed attorney to ensure her rights and charge the marital estate for the cost.
It’s basically the same logic as to why post-nups after infidelity seldom work: they are considered signed under unjust duress.
So, the “punishment” of divorce but still living together has cost you your share in the marital home (because you wanted to keep your pension intact) and some $$ in legal costs and fees.
Then there is telling your grown-up kids…
I am all for honesty and think exposure can be a great tool to help a marriage. I’m perfectly fine with telling your kids. But why assume they will ostracize her? I’m not suggesting they will approve of her affair or give her high-fives, but I’m guessing they would respond in the way nearly ALL those that haven’t experienced infidelity first-hand do:
It was a ONS 12 years ago and she told you about it. Get over it. Stop punishing her. Yes – it was definitely wrong, but it was only one time.
I think telling your kids is a great idea. But I think it’s a great idea for the reason you mentioned: To explain why dad has been so distant and off. Not as punishment, but more as a consequence to explain possible changes they might have seen in you. It is done to help them contribute to your healing.
The “punishment” IMHO is when your wife looks across the room where you are sitting in your favorite chair - maybe even napping – and thinks about how lucky she is to still have you. When she feels a physical hurt in her heart when she realizes what pain she caused and what she risked.
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Frankly – I think the worst infidelity possible is the infidelity I dealt with. You probably don’t agree and think YOUR infidelity is the worst – and you are perfectly correct. What WE experience is the worst… However, there are positives in your story based on your profile. It was an ONS and she came to you to confess. I know those positives are rather shallow – like being told you were only stabbed 5 times and not 6 – but they ARE positives in the infidelity-context.
What have you two done to recover? It’s been quite a few years since the ONS, and I would have hoped that you were in a better place.
You state that now you are taking IC seriously. I suggest you focus on that. Irrespective of if you remain married or divorce you will still be looking at yourself every morning in the mirror. Liking what you see, feeling good about yourself and your decisions makes that so much more enjoyable.