How Does the Money Spent on an Affair Affect the Division of Assets in a Divorce?

Divorces are a messy business. Numerous states across the country have sought to make divorce easier by passing no-fault legislation. This would allow all marital assets to be divided equally. Nonetheless, what do you do if you believe your spouse is mishandling funds out of the marital estate? What if he or she is spending an excessive amount on extramarital affairs? Can you recoup the loss? Can spending funds on lavish gifts count as wasteful?

What is The Marital Estate?

Many things fall under the marital estate. When two people join their assets legally, the estate will include:

• Any pension plans, life insurance, or 401(k)‘s
• All motor vehicles
• Any properties, the main home, vacation homes, or timeshare
• Everything within the home, like furniture, art, statues, china, clothing, jewelry
• Bank accounts and cash on hand
• Security deposits, stocks, bonds
• If you own a business or patent, that is also considered a part of the marital estate

In the event of a divorce, you will want to protect your share of the marital estate. Since Florida is a no-fault state, everything will be divided equally. However, what if your spouse committed adultery? You may feel entitled to more. Florida’s no-fault policy holds that a spouse will not be awarded a larger portion of the estate nor given more spousal support due to infidelity.

So, what if your spouse has an affair and uses money out of the marital estate on lavish gifts? What if he or she spends money on dinners, hotels, and jewelry without your knowledge or consent? Does that count towards the equitable division of assets?

Was Money Spent on an Affair Without Your Consent?

You need a divorce attorney to advise you of your rights and the steps you need to take next. You may be entitled to reimbursement. If your spouse spent excessive money out of the marital estate, money that is rightfully yours, you might be entitled to half of it back in the divorce. Consider if your spouse spent funds on:

• Expensive hotels and suites
• Jewelry
• Designer clothes
• Lingerie
• Cars or apartments
• Gifts in cash

You have built a life with your spouse. You have made vows to share everything from your home to bank accounts. Is it fair that you should have to pay for their affair?

We’re Here for You

Don’t assume that you have to pay for your spouse’s misappropriation of marital funds because you live in a no-fault state. An experienced divorce attorney can discuss your case and help make sure you receive a truly equitable division of assets. Understanding your rights is the first step toward protecting your financial future.