Will I get anything if my husband divorces me for cheating?

Question

I was married for 10 years and I cheated on my husband and he is now divorcing me. Would I leave with nothing or would I get something?

John Kirchner · Answer

Cheating is irrelevant in deciding financial issues in Colorado.   If you live elsewhere, you need to contact a lawyer where you live for an answer to that question.

Melvin Franke · Answer

If you didn't fail to meet your responsibilities in the marriage, you should be OK.  Hire an experienced divorce attorney.

Cathy Cook · Answer

In Ohio, the only fault that matters in divorce is economic fault.  If you spent money on the person you cheated with, that can be used to reduce your share of the marital assets.  Otherwise you are still entitled to an equitable share of the marital assets.

Monica H. Donaldson Stewart · Answer

Marital misconduct (e.g. infidelity) is not a factor in dividing marital assets and debts. Generally speaking, you are each entitled to half of all community property assets and debts. I recommend you speak with an attorney to discuss this matter in greater detail.

Harry Roth · Answer

You will receive exactly what you would have received had you divorced for any other reason.

Melissa Kay-Peterson Roudabush · Answer

California is a no fault state.  That means the court does not care about your infidelity.  The court will split your community property equally.

Leonard A. Kaanta · Answer

Michigan is a no fault divorce state.

Dorothy Spinelli · Answer

Adultery typicially prevents alimony, but you would still be entitled to your fair share of the assets acquired during the marriage, ie home, pension plans, savings account.

Steven Alpers · Answer

Nothing is affected by cheating. California law says equal division of property and it does not affect support or custody unless some problem with the person, sex offender, alcoholic and drinking in front of your children.

Dennis P. Mikko · Answer

Michigan is a no-fault divorce state. While fault may be considered in a property settlement, it will not reduce your award to zero. It may have a 5 to 10 percent effect. Depending on the size of the marital estate, you should receive something.

Dean Esposito · Answer

The fact that you committed adultery has absolutely no bearing on the division of community property. You still get one-half.

Barbara A. Fontaine · Answer

Any property gained together should be divided and you should get part, possibly not half. You would probably not be elegible for alimony of any kind.

Cale Plamann · Answer

There is nowhere near enough information to answer this question fully, but in Wisconsin the answer is 'probably yes.' You will get half the value of all marital property (although we will need much more information to determine what is marital property).

Ronnie Vargas · Answer

Infidelity or adultery are irrelevant for purposes of a  divorce.

Jon Buchholdt · Answer

Most states are now no-fault states, so marital property division will not be affected by his allegations of cheating, nor will the court pay any attention to such allegations.

James Weiner · Answer

With or without his cheating you get 50% of the marital assets, which means 50% of all assets aquired by either of you through your own efforts (not inheritances) during the marriage. You may also be eligible to get a portion of his pension, 401K and social security, etc.

Tres Porter · Answer

CA is a no fault divorce state. Your cheating or not cheating makes no difference as to how things are to be divided by the Court.

James Lentz · Answer

What you get depends upon the negotiation between your lawyer and your husband's or the court. Normally you could expect a portion of all assets acquired during marriage including bank accounts and pension funds. Half is common, but not mandatory.

Leonard Schwartz · Answer

In New Jersey cheating does not take away your right to share in marital property.

Dave Hawkins · Answer

In WA state, cheating is irrelevant because we are a no-fault state, i.e. property awards are not predicated on the bad acts of one party. So, when you divorce, you will get a fair just and equitable portion of the community property acquired during the marriage.

Timothy Byrne · Answer

You will get a divorce. Mississippi has equitable distribution. You will not be shut out.

Bernal Ojeda · Answer

Cheating is not relevant to the issue. California is a no fault state. You get your share of community assets.

Willie Stephen Graves · Answer

Adultery is a ground for divorce, but generally it doesn't mean you lose whatever property rights you accumulated during the marriage. Some judges might make a somewhat disproportionate award to your husband because of fault in the breakup of the marriage, but he's not likely to get it all.

Tajara Dommershausen · Answer

Cheating does nothing in WI. It is a marital property state. Everything gets divided equally.

Glenn Tanner · Answer

In Washington state, your cheating is 100% irrelevant unless you wasted assets doing so, which even if you did, is probably very minimal. Don't worry about it.

Barbara Peyton · Answer

The only grounds for divorce is irreconcilable differences. The court never hears about cheating unless it affects the children. You are entitled to one-half of the community property acquired during marriage regardless of your sex life.

George Seide · Answer

Fortunately or unfortunately, cheating has no effect on the division of community property and debts, child and spousal support. You are in the same situation as a non-cheater.

Gary Russell · Answer

Fault may be considered by a court when ruling on a divorce, including the division of property, debts and spousal support. It is highly unlikely, however, that you would be denied any portion of the marital property due to infidelity.

Kevin Bruning · Answer

While infidelity is grounds for divorce, it does not generally affect property distribution, and you would not be barred from obtaining a portion of assets that were accumulated during the marriage. If your husband alleges infidelity as a ground for divorce, it simply gives him a means of divorcing you if you decide to fight getting a divorce; otherwise it is possible for you to reach an agreement to state that the reason for the divorce was "irreconcilable differences," also known as consent divorce. You should be aware that your spouse may try to allege something called "dissipation," however. If you were having an affair and spent money on the affair - for hotel rooms, or gifts for a boyfriend, or other expenses related to conducting an affair - then your husband can ask that those amounts be taken out of your share of the settlement/property distribution and given back to him.

Mindy Bish · Answer

California is a no fault state.  What that means is that it does not matter why a marriage ends all community property and all community debt is equally divided.

Gregory Crain · Answer

Half the marital assets and half the marital debt.

Erin Farley · Answer

California is a no-fault state. What that means is that the court no longer considers who did what or why the marriage ended. Assets purchased from community income (during marriage) will be divided fairly and equitable, and spousal support (if requested) will in most cases be awarded to the lower earning spouse. Infidelity is common and judges do not consider it in division of assets. The only way infidelity could impact you is in regard to child custody; but in that case, only if your infidelity is indiscreet and affecting the children.

Frances Headley · Answer

Dissolution in California is no fault and your right to 50% of the community property is not affected by who caused the break up of the marriage.

Kate Starkebaum · Answer

Infidelity is not a factor in divorce settlements in California. You will get whatever you are entitled to based on income, etc.

Robert Merlin · Answer

What you are entitled to receive depends upon the assets and debts that you and your husband own and whether you need alimony from him. Cheating is slightly relevant but it does not mean that you automatically get nothing.

Ruth Emily Vogel · Answer

Washington is a No Fault divorce state, so what you receive in a divorce does not depend on issues of fidelity. We are also a community property state, so assets and debts acquired by either party during the course of a marriage are presumed to belong equally to both parties.

Gregory Graf · Answer

Marital misconduct will play no role in your case. This is a no-fault divorce state and any statement regarding your affair will be treated as irrelevant  (most judges get angry if the other side even mentions it). You are entitled to an equitable portion of the marital estate.

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Will I get anything if my husband divorces me for cheating?

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