Cheap Divorce

A resource for you as you consider, prepare for, or go through the process of getting a divorce.

  • Home
  • About CheapDivorce.org
  • What is Divorce?
  • How To…
  • The Effects
  • Child Custody
  • Divorce Law
You are here: Home / How To... / Distribution of property when one spouse is “at fault”

Distribution of property when one spouse is “at fault”

By Amanda

In distributing property, courts in some jurisdictions take into account whether one party was at fault in the divorce. Regardless of whether the divorce itself is granted on fault or no-fault grounds, a spouse’s actions in bringing the marriage to an end can factor against him and her.

If marital fault is proven, the courts may be more generous toward the “innocent” spouse in the property distribution process. Some jurisdictions will only do this if the fault is particularly serious.

Courts may be especially likely to penalize a spouse found to be at “economic fault.” If one spouse has spent money unwisely or otherwise depleted the marital assets against the wishes of the other, the court won’t look too kindly on that.

For example, if Cathy lost $250,000 investing in her best friend’s short-lived kitten mitten business, she could see her share of the marital pot depleted a bit. Or if Jim was funneling loads of money out of the marital coffers and into his girlfriend’s bank account, the court well may take that into account.

 

Photo credit: StockMonkeys.com

Filed Under: How To...

Recent Updates

  • Real estate ownership — Married vs. cohabiting
  • What does a cohabitation agreement look like?
  • Cohabitation agreements: The prenup for nonmarried couples
  • So we never actually got married… Can we still get “divorced”?
  • Distribution of property when one spouse is “at fault”
  • Distribution of property: A piece of the pension pie

Categories

  • Child Custody
  • Divorce Law
  • How To…
  • The Effects
  • What is Divorce?
The content of this website is provided for informational or entertainment purposes only, and should not be construed as legal advice. Always consult with an attorney regarding any legal issues. If you live in Alabama, Florida, Missouri, New York or Wyoming, please click here for additional information.
Copyright © 2012-2014 Cheap Divorce