If spouse cheated for more than 20 years, will that affect the division of retirements? 12 Answers as of February 03, 2014

Married 30 years. Wife cheated for 20+ and had 1 child with lover. Child raised in marital home and on marital assets. Not known until 3 years ago. Tried to reconcile then she filed. Taking half of my retirement and profits on home. Told there is no recourse that would net more than 5% of my retirement or home profit back to me beyond the 50% split. Seems very wrong to me. Any cases that have won?

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The Law Firm of Jessica M. Cotter, P.L.L.C. | Jessica M. Cotter
In Arizona the general rule is that property will be divided equitably, (essentially equally) pretty much regardless of marital misconduct. There may sometimes be a claim for waste of community assets, but that looks doubtful on your set of facts as stated. It sounds as if you have consulted with a family law attorney in your area. Perhaps you would be more comfortable with a second opinion from some other experienced family law attorney in your area.
Answer Applies to: Arizona
Replied: 2/3/2014
John Russo | John Russo
Good luck with that one, first of all you had knowledge at some point, and you still wanted to reconcile , this is not the school yard if you don't get your way then you will take your ball and go home, you either knew or you didn't . Also, the child is legally your child, anyone tell you that yet. But even if you could prove a conduct issue, which in this case I don't see, the most you would see is a 60/40 split, so 55/45 sounds reasonable, this is 2014, not 1814, most judges won't say this in open court but they don't want to here about boyfriends or girlfriends, 75% of the divorce cases filed everyday in this country have that issue going on, it's the American way, we live in a disposable society, from diapers to people, your marriage is not the exception, or special to anyone else's.
Answer Applies to: Rhode Island
Replied: 1/31/2014
S. Joseph Schramm | Joseph Schramm
Generally, infidelity will not have an affect on the division of the marital assets in a divorce proceeding.
Answer Applies to: Pennsylvania
Replied: 1/31/2014
Law Offices of Arlene D. Kock
Law Offices of Arlene D. Kock | Arlene D. Kock
California abandoned the concept of fault divorce in the early 1970s. Property division is based upon what was acquired during the marriage and is not compromised by marital infidelity.
Answer Applies to: California
Replied: 1/31/2014
Peters Law, PLLC
Peters Law, PLLC | Mark T. Peters, Sr.
You waited too long to complain about the adultery. If you do nothing about it for a year, you lose that as the basis for claiming adultery. Also, if you got divorced for irreconcilable differences, adultery was not an issue.
Answer Applies to: Idaho
Replied: 1/31/2014
    Barr, Jones & Associates LLP
    Barr, Jones & Associates LLP | Andrew Brasse
    In Ohio, such marital ethics do not factor into the property division. Ohio is a no fault divorce state, and property is to be divided up equitably, or roughly 50/50, based on a number of factors. Courts will not consider marital fidelity in dividing up assets.
    Answer Applies to: Ohio
    Replied: 1/31/2014
    The Davies Law Firm, P.A.
    The Davies Law Firm, P.A. | Robert F. Davies, Esq.
    Go talk to a nasty, smart divorce attorney near you, and take action. Nasty, smart action. If you are in New Jersey, call me. I could help you. It is hard to find a good divorce lawyer who will fight for you and not charge an obscene amount of your money. Find someone who spends most of their time in divorces. Find someone who has been in court several times this year (2013) in the county courthouse where your divorce will be filed. If they don't go to court often, they are not the lawyer you want. And find someone who has handled at least three or four full and complete divorce trials. Good luck. Don't put up with this id**t. Fight back.
    Answer Applies to: New Jersey
    Replied: 1/31/2014
    Kirby G. Moss PC | Kirby G. Moss
    Indiana has had no-fault divorce since mid 70's which means that standing alone, the infidelity is irrelevant. However, there could be the argument that the circumstances stated amounted to a dissipation of marital assets by her since marital assets went to support this child from outside the marriage. Dissipation of assets is one of grounds for arguing for a division different from 50/50 split.
    Answer Applies to: Indiana
    Replied: 1/31/2014
    Musilli Brennan Associates PLLC
    Musilli Brennan Associates PLLC | John F Brennan
    There are, very ,very rarely 60/40 or even 70/30 splits. They are all fact driven and the behavior of the spouse acting poorly must be extremely severe. See a very good attorney.
    Answer Applies to: Michigan
    Replied: 1/31/2014
    Diane l. Berger | Diane L. Berger
    With a marriage of that length, there is generally a 50/50 split. There have been cases where the division of assets has been outside the norm due to one party being able to prove that the other party squandered marital assets.
    Answer Applies to: Nebraska
    Replied: 1/31/2014
    David A. Browde, P.C.
    David A. Browde, P.C. | David Browde
    Not likely.
    Answer Applies to: New York
    Replied: 1/31/2014
    The Law Office of James P Peterson
    The Law Office of James P Peterson | James P Peterson
    The court has the power to divide the assets in a just and fair manner. Adultery is an important factor when making this decision. I think you will get a decent split based on these facts. Get a lawyer who believes in your case and have them strongly prove and argue your case.
    Answer Applies to: Texas
    Replied: 1/31/2014
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