QUESTION
Does it REALLY matter that my wife had an affair when it comes to considering allocation of family assets?
Asked on Aug 31st, 2012 on Divorce - Arizona
30 ANSWERS
Agriculture Attorney serving Fresno, CA
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The Law Offices of Tres A. Porter
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No.
Answered on May 28th, 2013 at 9:10 PM
Gary Moore
No.
Answered on May 28th, 2013 at 9:09 PM
Probate Law Attorney serving Colorado Springs, CO
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John E. Kirchner
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No.
Answered on May 28th, 2013 at 9:08 PM
William C. Gosnell
No. Not in Tennessee.
Answered on Sep 10th, 2012 at 10:58 AM
General Practice Attorney serving Crystal Lake, IL
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Bruning & Associates, P.C.
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In Illinois, there is a presumption of a 50/50 property split even if there was an affair. The only way an affair might affect the property settlement is if your wife possibly spent money on the affair (e.g. hotel rooms with the other person, vacations, meals, etc). Then your wife might have done something called "dissipation," in which case you would be entitled to reimbursement from her share of the property settlement to make up for whatever amount she spent on the affair.
Answered on Sep 10th, 2012 at 10:58 AM
Cohabitation Agreements Attorney serving Cincinnati, OH
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Cathy R. Cook, Attorney at Law
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Not unless she spent marital funds on her paramour. If so, whatever money she spent on that person gets added back into the marital pot for division.
Answered on Sep 10th, 2012 at 10:57 AM
Suzanne H. Lombardi
Alaska is a no fault state. What this means is that anyone can get a divorce for whatever reason they want. The court usually does not care about adultery unless it somehow affects a custody issue.
Answered on Sep 10th, 2012 at 10:54 AM
Family Law Attorney serving Calabasas, CA
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Shulman Family Law Group
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Not at all.
Answered on Sep 10th, 2012 at 10:54 AM
Civil Attorney serving Spokane, WA
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Glenn E. Tanner, Attorney at Law
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Zippo, unless she committed waste.
Answered on Sep 10th, 2012 at 10:53 AM
Criminal Law Attorney serving Fremont, CA
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Steven J. Alpers, A Professional Corporation
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No. California got rid of fault in 1969. It makes no difference why you are divorcing.
Answered on Sep 10th, 2012 at 10:53 AM
Car Accidents Attorney serving Milwaukee, WI
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Velez, Moreno & Vargas, LLC
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No it does not.
Answered on Sep 10th, 2012 at 10:51 AM
Steven D. Dunnings
It could? How recent was the affair? How can you prove it? Were marital assets used in furtherance of the affair?
Answered on Sep 10th, 2012 at 10:50 AM
Real Estate Attorney serving Williamstown, NJ
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Law Offices of Slotnick & Schwartz
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Not in NJ.
Answered on Sep 10th, 2012 at 10:49 AM
Criminal Defense Attorney serving Deltona, FL
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R. Jason de Groot, P.A.
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No it does not. It matters if she has wasted marital assets away on a lover and is seeking alimony. Maritial assets are to be divided equally, as a starting point. Get an attorney.
Answered on Sep 10th, 2012 at 10:49 AM
2 Awards
No, an affair does not have any effect on equitable distribution. It does, however, prevent the dependent spouse from being able to get alimony. Without knowing all the facts of your situation, I cannot give you legal advice, so I would recommend that you contact an attorney in your area to learn more.
Answered on Sep 10th, 2012 at 10:48 AM
Dave Hawkins
No. It's irrelevant in Wa. State.
Answered on Sep 10th, 2012 at 10:47 AM
Personal Injury Attorney serving Pacific, MO
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Melvin G. Franke
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Yes, it can.
Answered on Sep 10th, 2012 at 10:47 AM
Alternative Dispute Resolution Attorney serving Ventura, CA
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Zahn Law Office
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No. It has no impact on property division.
Answered on Sep 06th, 2012 at 12:41 AM
Not at all. California is a no fault divorce state. Only if one spouse misappropriate community property for a lover might an affair become relevant. Good luck.
Answered on Sep 06th, 2012 at 12:40 AM
Alternative Dispute Resolution Attorney serving Chandler, AZ
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Cox Sandoval Law, PLLC
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No it does not. Arizona is a no fault state.
Answered on Sep 06th, 2012 at 12:37 AM
Marc John Weinpel
No. Unless you can prove she mis-allocated community funds to advance the affair.
Answered on Sep 06th, 2012 at 12:30 AM
Family Law Attorney serving Temecula, CA
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Landon Rainwater Robinson LLP
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No it will not. California community property law will guide the division of marital assets unless you both both agree on your own terms.
Answered on Sep 06th, 2012 at 12:18 AM
Juvenile Criminal Law Attorney serving Towson, MD
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Law Office of Michael G. DeHaven, P.A.
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This is part of an answer that I gave earlier today: As a highly respected Baltimore County Judge proclaimed in announcing the disposition of a trial that I had with him recently: "Fault still matters in Maryland." The reason for the estrangement of the parties is a factor that a judge must consider in both alimony & a monetary award. In other words, if you prove just that her infidelity was the reason for the divorce, a judge will weigh that factor in your favor in determining "allocation of assets" and whether and to what extent to award alimony.
Answered on Sep 06th, 2012 at 12:17 AM
Divorce & Separation Attorney serving Menasha, WI
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Petit & Dommershausen, S.C.
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No not at all unless there is marital waste involved
Answered on Sep 06th, 2012 at 12:17 AM
No. California is a no-fault state.
Answered on Sep 06th, 2012 at 12:16 AM
Child Custody Attorney serving Grand Rapids, MI
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Ryan Maesen PLC
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Not very much no, it is one minor factor.
Answered on Sep 06th, 2012 at 12:15 AM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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Not a great deal, generally the split remains 50/50 but it can be skewed for fault, 55/45 is not unusual, 60/40 is on the outside edge. It really depends on ALL of the circumstances.
Answered on Sep 06th, 2012 at 12:15 AM
Business/ Commercial Attorney serving Seattle, WA
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Wolfstone, Panchot & Bloch, P.S., Inc.
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Not in Washington State.
Answered on Sep 06th, 2012 at 12:14 AM
The affair does not matter at all in allocating the marital/community property assets.
Answered on Sep 06th, 2012 at 12:11 AM