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.
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