Will my spouse’s cheating affect the division of our property during divorce?


No, adultery is not typically a factor in the division of marital property through equitable distribution.  The exception to this general rule is when the marital misconduct has an adverse effect on the economic health of the marital estate.  The presumption of a 50/50 split is viewed as the most fair and equitable means of distributing marital property at divorce. However, the courts may evaluate several different factors when determining a fair and equitable distribution, including:

  • Length of the marriage
  • The need of the parent with primary custody of the children to maintain residence in the family home
  • Age and health of the parties
  • The unequal earning power of the parties
  • Support obligations from a previous marriage
  • Contributions to of improvements on any property acquired during the marriage
  • A party’s direct contribution to the increase in value of the other party’s separate property
  • Pension or retirement benefits
  • Contributions made by one spouse to further the education or career development of the other
  • The financial situation of each party at the time of separation
  • Any acts made to devalue marital property after the date of separation

Please contact us for a consultation to discuss your equitable distribution case.

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