Do Bad Acts Make A Difference In Divorce?
I get this question all the time: Does my spouse’s bad behavior affect the outcome of a divorce? I’m Katherine Miller, and I’ve been a divorce attorney in New York City and Westchester County for over 30 years. Unfortunately, the answer is usually no.
In the past, fault-based grounds for divorce could sometimes influence financial settlements or court judgments. For instance, if someone had an affair or behaved poorly, it might have affected the outcome. However, today’s courts generally do not consider fault when dividing assets or determining financial settlements. It usually requires something so egregious that it shocks the conscience of the court, and even then, it might not impact the financial outcome.
There is one significant exception: when one party misuses marital money for non-marital purposes. For example, if one spouse spends marital funds on a paramour—such as setting up an apartment, paying for tuition, or funding extravagant gifts and vacations—this could be considered “marital waste” or “dissipation.” In such cases, the spouse who did not waste the money might be entitled to recover their share of these funds, often half.
Proving marital waste can be challenging and painful, as it involves sifting through credit card statements and financial records. At our office, we aim to negotiate a fair settlement that reflects the dissipation without having to delve into every detail of spending.
It’s not just affairs that count; issues like drug addiction or gambling can also lead to marital waste if they result in spending marital assets on non-marital interests. If you have questions about how bad behavior or marital waste might affect your divorce, please give me a call. I’d be happy to discuss it with you. Thanks for listening.