What is the maximum that can be awarded to my wife if she files for divorce? 36 Answers as of August 29, 2011

What is the maximum that can be awarded to my wife if she filed for divorce siting adultery as the reason for divorce?

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Neville J. Bedford Attorney at Law
Neville J. Bedford Attorney at Law | Neville J. Bedford
You ask: "What is the maximum that can be awarded to my wife" The "maximum" could be "all of it" or everything she asks for. This could happen if: you failed to answer the case, didn't show up, nor retain counsel to help you navigate the procedural process of the court. Realistically, the facts and circumstances argued by both sides could sway what is normally an equitable(50/50) distribution in either direction . . but not usually to 100% unless one completely fails to defend the case.
Answer Applies to: Rhode Island
Replied: 8/29/2011
Beresford Booth PLLC
Beresford Booth PLLC | S. Scott Burkhalter
The court will make a fair and equitable division of your assets and liabilities. Fault (e.g., adultery) is irrelevant.
Answer Applies to: Washington
Replied: 8/24/2011
Law & Mediation Office of Jeffrey L. Pollock, Esq.
Law & Mediation Office of Jeffrey L. Pollock, Esq. | Jeffrey Lawrence Pollock
Whether she cited adultery or any other alleged fault, such factors are relatively minor compared to your respective earnings, age, health, custody of children, etc. that will be used to determine whether she gets from 0-100% of your marital estate and possible alimony.
Answer Applies to: Pennsylvania
Replied: 8/22/2011
Law Office of Roianne H. Conner
Law Office of Roianne H. Conner | Roianne Houlton Conner
It depends on the assets that are in the marital estate. If she proves the adultry on your part she could get more than 50% of the marital estate.
Answer Applies to: Alabama
Replied: 8/19/2011
Law Office of Robert L. Fiedler
Law Office of Robert L. Fiedler | Robert L Fiedler
Maximum? 100%. Likely, if proveable, more than half of the assets and possibly alimony.
Answer Applies to: Connecticut
Replied: 8/19/2011
    Reeves Law Firm, P.C.
    Reeves Law Firm, P.C. | Roy L. Reeves
    That is a difficult question to answer since I do not know the facts, assets, debts your income, her income, your earning power, her earning power, etc. Even with the adultery, there remains an assumption of 50% of the community assets, but the adultery is grounds for a disproportionate settlement/split. The exact amount is almost impossible to ascertain, and in the form of a blanket question like yours you are basically asking for the odds in a ball game before we even know who is playing. I suggest you set an appointment with a lawyer and discuss the details so that you can get advice and information specific to you case.
    Answer Applies to: Texas
    Replied: 8/18/2011
    Beaulier Law Office
    Beaulier Law Office | Maury Beaulier
    Minnesota is not a fault state. Fault is not necessary to file and issues such as adultery have little impact on the legal issues. There is no "maximum" amount that can be awarded. Property divisions and spousal support issues must be based on the existing statutes and facts of the particular case.
    Answer Applies to: Minnesota
    Replied: 8/18/2011
    Cody and Gonillo, LLP
    Cody and Gonillo, LLP | Christine Gonilla
    There is no maximum under the law.
    Answer Applies to: Connecticut
    Replied: 8/18/2011
    Law Office of Patricia Van Haren
    Law Office of Patricia Van Haren | Patricia Van Haren
    California is a no fault state, therefore adultery is not grounds for divorce. In regards to what the maximum your wife can be awarded in a divorce, it is 1/2 of all community property and 100% of all her separate property. If you earn more money than she does, she may also be awarded spousal support. If the Court finds that either person fails to disclose property or hides accounts, then the other person may be awarded 100% of any undisclosed assets.
    Answer Applies to: California
    Replied: 8/18/2011
    Wallin & Klarich: A Law Corporation
    Wallin & Klarich: A Law Corporation | Paul Wallin
    There is no penalty in divorce court if one spouse is cheating on the other. California is a no fault divorce state.
    Answer Applies to: California
    Replied: 8/18/2011
    Arnold & Wadsworth
    Arnold & Wadsworth | Brian Arnold
    All depends on your financials and the money that is there. Debts are also considered.
    Answer Applies to: Utah
    Replied: 8/18/2011
    Ashman Law Office
    Ashman Law Office | Glen Edward Ashman
    Georgia a has equitable division, meaning a judge can do what he deems fair. Worst case scenario (albeit very unlikely): she gets 100% of the assets, all your income, and gets legal fees from you. In general the outcome will be better with counsel than without counsel. No one here has a crystal ball but that is the one certainty.
    Answer Applies to: Georgia
    Replied: 8/17/2011
    Apple Law Firm PLLC
    Apple Law Firm PLLC | David Goldman
    Adultery would have nothing to do with the award. The amount depends on your circumstances. Generally a court will award 50% of the martial assets unless there are extenuating circumstances. Give us a call and we would be happy to discuss your circumstances and what you could be looking at.
    Answer Applies to: Florida
    Replied: 8/17/2011
    Fredric H. Aaron, Attorney at Law, P.C.
    Fredric H. Aaron, Attorney at Law, P.C. | Fredric Harlan Aaron
    All assets acquired during a marriage are subject to equitable distribution with a few exceptions (gifts, property acquired by will or estate and returns on investments made prior to the marriage). If your wife can show that your adultery caused a wasteful dissipation of marital assets, then she may be able to get more than half of the marital assets. However, this is a difficult thing to prove. You should consult with an experienced attorney on this matter.
    Answer Applies to: New York
    Replied: 8/17/2011
    Gary Moore, Attorney at Law
    Gary Moore, Attorney at Law | Gary Moore
    This a no fault state. Marital misconduct does not impact on financial question. She will be awarded what she gets on the basis of what assets and income exist.
    Answer Applies to: New Jersey
    Replied: 8/17/2011
    Law Offices of Arlene D. Kock
    Law Offices of Arlene D. Kock | Arlene D. Kock
    California is a no fault state. This means you do not have to have a reason to end the marriage other than irreconcilable differences. Division of property is based on community property law and not on fault. Your wife is entitled to 1/2 of any property acquired with earnings during the marriage.
    Answer Applies to: California
    Replied: 8/17/2011
    Michael D. Fluke, P.A.
    Michael D. Fluke, P.A. | Michael D. Fluke
    There is no "maximum". Alimony will be based on her need and your ability to pay. Alimony is not intended to be punitive. I suggest you consult an experienced Family Law attorney to discuss your case in greater detail and learn all of your rights and options. Good luck.
    Answer Applies to: Florida
    Replied: 8/17/2011
    John E. Kirchner, Attorney at Law
    John E. Kirchner, Attorney at Law | John Kirchner
    It is impossible to answer that question without all the relevant financial information and history of your marriage. Adultry has no relevance to anything, especially not to the financial issues that need to be resolved.
    Answer Applies to: Colorado
    Replied: 8/17/2011
    Eranthe Law Firm
    Eranthe Law Firm | Cate Eranthe
    California is a "no fault" divorce state. It makes no difference if the parties are adulterers and there is no maximum. Generally community property is divided 50 - 50. Spousal support depends on a number of factors such as length of marriage, standard of living, amount of respective incomes, etc. If there are minor children, support is calculated based on incomes and time share of children as well as their needs.
    Answer Applies to: California
    Replied: 8/17/2011
    Law Office of L. Paul Zahn
    Law Office of L. Paul Zahn | Paul Zahn
    There is no penalty for adultery in California, so it is never listed as a reason for divorce. As for what she could receive, she is entitled to one-half of all community property and her separate property (pre marriage and post separation, plus gifts and inheritences during marriage).
    Answer Applies to: California
    Replied: 8/17/2011
    Fox Law Firm LLC
    Fox Law Firm LLC | Tina Fox
    There is no min/max standard in Illinois. The judge will take into the consideration factors such as years of marriage, employment of both parties, whether each party is employable, children (minor) and debts.
    Answer Applies to: Illinois
    Replied: 8/17/2011
    Law Office of Michael W. Bugni
    Law Office of Michael W. Bugni | Jay W. Neff
    There is no particular maximum that the court is directed to award or not award. What's more, adultery, at least in Washington, makes no difference to the division of debts and property. The statute says that the court is to make a fair and equitable division of all of the debts and property without regard to marital misconduct.
    Answer Applies to: Washington
    Replied: 8/17/2011
    Glenn E. Tanner
    Glenn E. Tanner | Glenn E. Tanner
    In Washington, there is no relevance to adultery unless it effects parenting.A court, in Washington, makes a fair and equitable division of your assets and debts after considering numerous factors.A big factor is your financial futures.Maintenance is also a consideration.
    Answer Applies to: Washington
    Replied: 8/17/2011
    Lewis, Pfanstiel & Williams, PCLO
    Lewis, Pfanstiel & Williams, PCLO | Ryan J. Lewis
    Nebraska is a no fault divorce state. It does not matter the reason for the divorce. All property and debt acquired during the marriage gets divided equally.
    Answer Applies to: Nebraska
    Replied: 8/17/2011
    The Davies Law Firm, P.A.
    The Davies Law Firm, P.A. | Robert F. Davies, Esq.
    What the Judge can give her really depends on what you and she own, and what you and she earn, and what the expenses and debts are. Adultery usually will not change the dollar amount of any award. You need some good legal advice. If you are anywhere near me, please come see me. I can help you with this. And I will tell you up front what it will cost to do this for you. Give me a call, make an appointment to come see me, and let's get moving on this for you. No charge for the telephone call and no charge for the first office visit.
    Answer Applies to: New Jersey
    Replied: 8/17/2011
    Bagwell Holt Smith Jones & Crowson, P.A.
    Bagwell Holt Smith Jones & Crowson, P.A. | John G. Miskey IV
    There is no maximum award; post-separation support and alimony are set based on a number of statutory factors and the specific facts in your case. Consult with an attorney to review your case.
    Answer Applies to: North Carolina
    Replied: 8/17/2011
    The Coyle Law Office
    The Coyle Law Office | T. Andrew Coyle
    Generally, in a divorce, the marital property of the couple is divided in an equitable way - regardless of the reason for divorce. So, you will need to determine what property of yours is marital and what is not. If you have a significant income and your wife does not, you may end up paying alimony depending on several other factors. Also, if you have children and your wife is awarded residential custody of them, you will be responsible for child support.
    Answer Applies to: Illinois
    Replied: 8/17/2011
    ROWE LAW FIRM
    ROWE LAW FIRM | Jeffrey S. Wittenbrink
    The answer to your question depends on many different circumstances, and cannot be answered directly. Your wife will certainly be entitled to temporary or "interim" spousal support pending any divorce. A divorce will require a separation period of 180 days if the parties do not have minor children; if they do have minor children the separation period is 365 days. Temporary spousal support is based upon the "lifestyle" of the parties, so the answer to your question depends upon how well you are living now, and how much you can afford to support that lifestyle when separated from your spouse. Her attorney will probably not file for an adultery hearing, even though that may be the reason for divorce, because that hearing would grant her the divorce more quickly and thereby cut off her temporary support more quickly. If she is free from fault in the breakup of the marriage, she may be entitled to permanent spousal support, depending upon her needs and whether or not she could support herself without your assistance. Her fault must be of a nature that it would or could have caused the marital breakup on its own. Many times one spouse's adultery can be cited as a cause for bad behavior by the other spouse, so this will depend on your particular situation. Adultery can affect a child custody determination, if it affects the welfare of the child, which depends on how any affairs or sexual behavior is conducted, and whether it is conducted in such a way that it affects the child. The division of property remains the same regardless of fault. Each party is entitled to an equal share of marital assets, so those are divided equally, along with the liabilities.
    Answer Applies to: Louisiana
    Replied: 8/17/2011
    Goolsby Law Office
    Goolsby Law Office | Richard Goolsby
    We strongly recommend that you retain a divorce lawyer ASAP! While no one can predict its (the adultery) impact, your attorney can advise and help you as to your rights and options. Good luck.
    Answer Applies to: Georgia
    Replied: 8/17/2011
    Donaldson Stewart, PC
    Donaldson Stewart, PC | Monica H. Donaldson Stewart
    Arizona is a no-fault state, so adultery is not relevant in the distribution of marital assets or award of spousal maintenance. It is impossible to estimate the "maximum" she could be awarded without knowing more about the financial circumstances of the parties.
    Answer Applies to: Arizona
    Replied: 8/17/2011
    Law Office of Rhonda Ellifritz | Rhonda Ellifritz
    California is a no-fault State. It doesn't matter that someone has had an affair, other than if you used community property to have the affair (hotel rooms, extravagant gifts, etc.). You are both entitled to an equal division of the community property.
    Answer Applies to: California
    Replied: 8/17/2011
    Diefer Law Group, P.C.
    Diefer Law Group, P.C. | Abel Fernandez
    The question is not clear. You want to know the maximum that she can get of what? Support? Assets? . In order to tell you what she can get, we need more facts regarding assets, income, etc. At that point, we can tell you what you are entitled to. California is a no fault state, so it does not matter what she states as reason for the divorce.
    Answer Applies to: California
    Replied: 8/17/2011
    Law Offices of Paul A. Eads, A.P.C.
    Law Offices of Paul A. Eads, A.P.C. | Paul A. Eads
    Ca is a no fault state. Adultery has no legal significance.
    Answer Applies to: California
    Replied: 8/17/2011
    Petit & Dommershausen SC
    Petit & Dommershausen SC | Tajara Dommershausen
    Wisconsin is a no fault divorce state. Adultery doesn't matter in the calculation of divorce.
    Answer Applies to: Wisconsin
    Replied: 8/17/2011
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