The very idea that a sex tape exists excites anyone within earshot. The news is filled with sex tape scandals. Just recently, Hulk Hogan and his wife were embroiled in a sex tape scandal where Hogan appears to have a tape with another woman by the name of Heather Clem. While the Hogans may find themselves the center of attention in the media, a similar tape doesn’t get you any sort of hype in the courtroom.
Many States don’t allow for the viewing of tapes, unless both persons have consented to the taping. Moreover, the wrongdoing of one spouse cannot be the bases for financial gain of the other in divorce. So, it can’t get you more money. When does it matter? It could matter if your spouse poured all kinds of money into the filming of the tape with another. In that case, you have what’s called a dissipation claim. If we’re talking about home movies (one with you and your spouse on it), then its simply a point of embarrassment. I would leave the sex tape out of the court arena, but maybe broker a side deal with your spouse to have it destroyed.