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Wasting marital assets on an affair

Many times couples that are going through a divorce where there is a substantial net worth involved, one or both spouses will try to dissolve some of their assets that would otherwise be divided. When a spouse engages in the dissipation of assets by way of spending marital funds on an affair, the family court may take this behavior into account when deciding who gets what.

Divorce is not a pleasant experience especially when there is a third party involved. While you may be happier than you’ve ever been and wish to give generously to your new found love, keep in mind that until the judge signs off on the division of property, your property and assets belong to you and your spouse.

The decision to spend frivolously on a new significant other may turn around to bite in the end. If you’ve spent a large amount of money on an affair and your soon-to-be ex can prove it, a judge may order that the amount spent comes off the top of your portion of the divided property. You may even be ordered to pay the estate back for the marital funds you’ve spent. Recouping marital assets spent on an affair can be difficult, but if your spouse has suspected something for a while and has been keeping an extra close eye on the bank account, it may not be so hard.

Staying informed of what is and is not considered marital assets and what your rights are when ending your marriage may make a huge difference in the division of property. Whether or not there is a significant other waiting in the wings, there is a way to end one relationship and begin the other without it damaging the outcome of your divorce. A skilled divorce attorney can help you through the process without leaving valuable marital assets and property on the table.


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Litigation is a journey. This is a journey we have taken with our clients a countless number of times. If you face the uncertainty, risk, fear, anger, or disbelief that comes with the prospect of going through a legal dispute, the law firm of Ciancio Ciancio Brown, P.C. will help you through it.