If my spouse committed adultery, do I get a larger portion of marital assets?
In other words, if one spouse is to blame for the reason for divorce, will the “good” spouse be rewarded in court through a more favorable distribution of assets settlement?
It would seem good reason that if there was misconduct on the part of one spouse which gives rise to the reason for divorce, that the spouse who conducted themselves “properly” would be awarded a larger share of the marital assets. Unfortunately, establishing one of the fault grounds for divorce does not have any effect upon the distribution of marital property or the granting of maintenance or spousal support. Rather, the misconduct of one spouse (such as abandonment, cruel and inhuman treatment, adultery) only gives the other spouse the right and enables them to get into court before a judge to hear the request to end the marriage. The court will apply the equitable distribution rules to determine the distribution of marital assets, spousal support (alimony) and child support obligations. Only where the misconduct was so egregious, will the court take into account the degree of the misconduct in determining such equitable distribution.
The new No-fault provisions removes the need to place blame or the assertion of misconduct of the other spouse and the court looks solely to the equitable distribution of assets and support without the need to consider the fault or misconduct of either spouse.
