Whether one party has been unfaithful (called "marital misconduct") is not a factor that a court can consider in the division of marital assets. It is expressly excluded from the statute. It is, however, a factor that the court must consider if either party makes a claim for alimony, which is support paid to a spouse after the divorce is entered, and after the assets and debts have been distributed.
Answered on Feb 13th, 2014 at 3:13 PM