I was married on September 2nd, 2012. Two weeks later, she told me she cheated on me while we were engaged. Things got worse after that. She moved out of the house that I bought 5 years ago after just one month of marriage. We have been trying to work things out, but it's only getting worse. If we divorce now, is she entitled to anything other than her pre-marriage possesions? I have a Federal job with a good retirement. Is she entitled to any of that? Does she get half the house?
She probably won't get half the house. All marital property is subject to equitable distribution. Equitable distribution means that the court fairly divides the property, not divides it in half. Length of the marriage-date of marriage to separation-is one of the factors in the equitable distribution statute. First, it sounds like the house is premarital property. Instead of having an interest in the house, she would have only an interest in the increase in value of the house from the date of marriage to the date of separation. Since the marriage only lasted 4 months, the court, at least where I practice, is likely to award her very little of anything. Marital misconduct I believe is one of the things a court can consider in determining alimony. I think, unless you married a totally unemployable, helpless person, she gets very little, if anything. Hire a lawyer and get your marital misconduct proof together in anticipation of a spousal support/alimony claim.
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