Legal Definitions - condonation

Condonation refers to the act of forgiving a spouse for a marital wrongdoing that could otherwise serve as grounds for divorce. When one spouse condones the other's offense, they essentially overlook or pardon the behavior, often by resuming normal marital relations and restoring the offending spouse to all marital rights. This forgiveness is typically conditional, implying an expectation that the offending spouse will not repeat the behavior and will treat the forgiving spouse with kindness.

If condonation is successfully argued in a divorce case, the forgiving spouse may be prevented from using that specific past offense as a reason to end the marriage. It acts as a defense, asserting that the complaining spouse has already pardoned the misconduct they are now attempting to use against their partner.

Here are some examples to illustrate condonation:

• Example 1: Infidelity Forgiveness

  A husband discovers his wife had an affair. Initially, he is devastated and considers filing for divorce. However, after several weeks of intense discussions, counseling sessions, and heartfelt apologies from his wife, he decides to forgive her. They resume living together, share a bedroom, and actively work on rebuilding their marriage, including intimate relations. Two years later, they experience another significant marital conflict, and the husband decides to file for divorce, attempting to cite the past affair as a primary reason. The wife could argue condonation, asserting that he had already forgiven that specific offense by resuming their marital life and restoring her to all marital rights, thereby preventing him from using it as a ground for divorce now.

• Example 2: Financial Misconduct Overlooked

  A wife learns that her husband secretly accumulated a substantial amount of gambling debt using their joint savings, an act that could be considered financial misconduct and grounds for divorce. She is furious and initially threatens to leave him. After he expresses deep remorse, agrees to attend Gamblers Anonymous, seeks financial counseling, and gives her full control over their finances, she decides to stay in the marriage. They continue to live together, manage their household, and present themselves as a married couple. A few years later, if the wife were to file for divorce and try to use the past gambling incident as a ground, the husband might raise condonation as a defense, arguing she had already forgiven that specific financial misconduct by continuing the marriage under new conditions.

• Example 3: Isolated Act of Cruelty

  During a period of extreme stress, a husband lashes out at his wife with a single, deeply hurtful verbal attack that constitutes emotional cruelty. The wife is profoundly hurt and considers separation. The husband expresses immediate and profound remorse, seeks therapy to manage his stress, and makes a concerted effort to be more supportive and kind. Seeing his genuine change and commitment, the wife decides to forgive him, and they continue their marriage, rebuilding their emotional connection. If, years later, she were to file for divorce and attempt to use that specific past incident of cruelty as a ground, the husband could argue condonation. Her decision to forgive him, resume marital life, and restore their relationship demonstrates that she had pardoned that particular act, potentially barring her from using it as a divorce ground.