The Byron ColdPlay Concert Kiss-Cam Scandal has caused quite an uproar. Many comment how the cheating behavior of ex- Astronomer CEO Andy Byron will play out in Court if his wife Megan Kerrigan files for Divorce. Will she really take him to the cleaners because of this cheating behavior?
Infidelity in a marriage can have some impact in New Jersey family court, but its influence is typically limited, especially compared to emotional or financial issues that directly affect children or assets.
New Jersey is a “no-fault” divorce state, meaning most people file under grounds like “irreconcilable differences.” However, adultery is still one of the legally recognized fault grounds for divorce.
If a party claims adultery, they must prove it, which may involve private investigators or witness testimony (except that in the Byron affair, the Kiss Cam did all the hard work!). Further, the name of the third party (the “paramour”) must be disclosed and they may be brought into the case as a co-respondent. But here’s the key: even if adultery is proven, it usually doesn’t affect the outcome in major areas like:
1. Property Division
NJ follows equitable distribution — assets are divided fairly, not necessarily equally. Judges generally do not punish a cheating spouse by awarding more to the faithful one. However, if marital funds were spent on the affair (hotels, gifts, travel), the judge might award reimbursement to the innocent spouse. This is called “marital waste.”
2. Child Custody and Parenting Time
Custody decisions are based on the best interests of the child, not moral judgments. Infidelity is irrelevant unless it can be shown that the affair negatively impacted parenting (e.g., exposing the child to unsafe situations).
3. Alimony (Spousal Support)
Adultery rarely impacts alimony, unless it directly affects a party’s economic situation. If the cheating spouse cohabits with a new partner, this might reduce the alimony they receive or justify termination. Judicial attitudes in practice are such that most New Jersey family court judges do not weigh moral behavior like adultery heavily unless it’s connected to financial harm or parenting issues. Filing on fault grounds (like adultery) may increase legal fees and conflict, so lawyers often discourage it unless strategic value is clear.
APPLICATION TO BYRON CASE
If CEO Andy Byron and his wife Megan Kerrigan Byron divorced in New Jersey, the kisscam scandal would be morally dramatic, but under New Jersey family law, it would play out in a fairly structured way:
1. Fault Grounds & Divorce Filing: Byron’s widely publicized kiss-cam moment (on July 16, 2025) could potentially be used to file under fault if Megan chooses—but it’s rarely worth the legal hassle, unless it’s accompanied by strategic advantages like fee-shifting or negotiation leverage.
2. Marital Asset Division: NJ uses equitable distribution (not automatic 50/50)—so cheating alone doesn’t tilt the scales. But if marital funds were spent on the affair (travel, gifts, hotel stays, ColdPlay concert tickets, etc.), Megan could claim reimbursement for “marital waste.” In contrast with Massachusetts’s 50/50 rule, NJ courts focus more on fairness than strict halves.
3. Child Custody & Parenting Time
Custody decisions center solely on the best interests of the child—not adultery. Unless Byron’s behavior at or around the concert directly affected their children (e.g. emotionally distressing them or neglecting duties), the kiss-cam footage would likely not count in custody decisions.
4. Alimony (Spousal Support)
NJ courts weigh need, ability to pay, gap in financial earning, standard of living, and cohabitation. Pure infidelity doesn’t factor in, unless it led to cohabitation with a new partner or financial dependency shifts. If Byron is documented spending money on dating or living off someone else, that could reduce support obligations. His sudden resignation as CEO following the scandal may also play a role, as a Court will consider whether he had to quit or not. If he is intentionally unemployed, the Court may impute income to him as he was the “author of his own misfortune.”
5. Public Embarrassment & Emotional Impact
While the scandal—now over 50 million TikTok views—is undeniably humiliating and has caused family turmoil, emotional distress alone is not compensable in NJ divorce law. However, it might influence settlement strategy, prompting Megan to push harder and perhaps demand a clean break agreement.
6. High-Stakes Financial Implications
Based on Byron’s estimated net worth (~$50 million), Megan could walk away with $1025 million+ under equitable terms. NJ courts consider the length of the marriage (they’ve been married likely over 7 years) and accumulated assets—she’d likely receive a substantial share, regardless of infidelity.
Ultimately, infidelity wouldn’t skew asset division or custody by itself in NJ—but financial misuse tied to the affair could. The most tangible impact lies in the emotional and reputational fallout, which might sway settlement negotiations, but not formal legal calculations.
If Megan Kerrigan was my client, in NJ Family Court, these might be my recommendations:
- She could file on adultery grounds, but only if instrumental to settlement leverage.
- Expect equitable division- a multi-million-dollar settlement.
- Unless the affair involved children or waste of marital assets, most financial outcomes would follow NJ norms.
- Alimony would hinge on need and ability to pay—not moral failure; but I would seek much more explanation for his sudden resignation, as there could be imputed income since he was his own worst enemy and if he resigned to avoid paying alimony, this should become apparent.
In New Jersey, there is a possible claim by a spouse for damages which is a marital personal injury claim known as a “Tevis” complaint. Grounds for such a claim could be there in the Byron case, for instance, if Megan’s emotional distress from Byron’s actions caused her sufficient harm to be admitted to hospital. These are not easy cases, but they me possible in some cases.
Make sure to always get your own legal advice and not rely on this article as applicable law for your case. For more information on how infidelity can impact a divorce, contact us at info@kornitzerfamilylaw.com.
