Am I entitled to any money from my husband if I found out he had been cheating on me? 23 Answers as of October 28, 2011

The infidelity is irrelevant. However, if you have accumulated community property during the marriage (e.g. retirement accounts), regardless of whose name such assets are in, these are subject to division by the court. I recommend you speak with an attorney as soon as possible to discuss your best course of action and determine the best way to keep him from further depleting community assets.

Your question confuses several things. First, the grounds for divorce have nothing to do with the distribution of the marital estate. So you are entitled to half the marital estate regardless of whether he was cheating for a week, a year or ten years, or if he was the most loyal husband ever. There is no connection. As to $1,800 and the $23,000, you should ask the judge to rule that this is a waste of community assets and that these expenses should come out of his funds. If he is actively wasting or dissipating community property, you should seek an immediate injunction preventing him for spending funds other that in the ordinary course - for example, pay his mortgage or rent but not buy a condo for a love nest. If you allow him to continue spending the funds, at the end there may be nothing to distribute.

In any marriage in Alabama over ten years, alimony may be considered and court ordered. I would suggest hiring an attorney to protect you rights and financial interest.

The fact that he has been cheating on you is completely irrelevant to the decisions involved in settlement of property issues. You need to consult an attorney and file for divorce before he succeeds is spending everything.

In a divorce you would likely be entitled to a substantial portion of the 401k, among other things.

Fault has no relevance to the issues of divorce in a State with a no fault system such as Minnesota. Infidelity does not affect each parties' interest in assets, obligations toward debt or spousal support.

It is not possible to tell you definitively if you will receive any of what you're asking for. The only thing that you can do is ask for it, and provide supporting information as to why you feel you are entitled.

Absent a pre or post-nuptial agreement otherwise, the property acquired during your 30 year marriage is community property. His cheating has no relevance - 1/2 of the money is already yours.

In a divorce you get up to one half of ALL assets acquired during the marriage which were not not acquired as an inheritance or a gift.

One spouse cheating on another generally does not impact the division of money or property. That is because the statute specifically says that the court is to make a fair and equitable division of the debts and property without regard to marital misconduct. In terms of a general division of property: The statute says that the court is to make a fair and equitable division of all of the property. There are a number of factors that the court is supposed to consider in reaching that division. If the court is going to divide the property, it first has to classify it. All of the property is going to be classified as your separate property, his separate property, or community property. Which of these classifications a particular piece of property falls into will depend on how and when the property was obtained. In most cases, property obtained during the marriage will be community property. Once the property is classified, how it gets divided will depend on a number of factors. Some of the factors that the court may consider are: the duration of the marriage, the ages of the parties, the health of the parties, the educational background of the parties, the employment history of the parties, and each party's future prospects. The court then has to come up with what the court believes is a fair and equitable division of all of the property using these and other factors. Now, if there is enough community property so that the court can come up with a fair division using just the community property, the court will generally do that. However, if there is not enough community property for the court to reach what it believes is a fair division, then, it can invade separate property. If he is using up the community money and property at an extraordinary rate, it may make some sense to get the divorce case filed, and make a motion for temporary orders. The purpose of this motion would be to put restraints on his spending and perhaps get you some temporary maintenance.

You are entitled to 1/2 of any assets you both have. File for divorce and have the court freeze all his accounts. You don't get anything extra for his cheating.

You can divorce him and in the divorce case you will split the assets and debts. California is a no fault state so you do not get more money or more property if he was having an affair. That issue will not matter. But you are entitled to half of the community assets.