Marriages can end when one member of the couple discovers that the other has had an adulterous relationship. How important is the impact of the extra-marital relationship on the divorce itself? Legally, the answer varies from state to state, In Kentucky we have a no-fault state when it comes to divorce, so there are no “divorce consequences” to the act of adultery. The larger question to ask is… did the adulterer use marital assets to support the extra-marital relationship?
When Marital Assets Are Used To Support The Extra-Marital Relationship
These days, adultery rarely has much of an impact on the distribution of assets — except in cases where one spouse has used marital assets to support the extra-marital relationship. For example, if a husband borrows against a marital asset in order to support his mistress, that fact would likely be taken into account in distributing the assets of the marriage. Adultery will not typically affect if a spouse will receive alimony or spousal support, but it may affect how much.
Marital Misconduct and Alimony
While we are a no fault divorce state in Kentucky, meaning you don’t have to have a reason to get divorced, a spouses marital misconduct is considered when it comes to alimony. Misconduct will not affect child custody, or division of assets, it may affect the amount of alimony awarded. If you are the one that was adulterous and also the one that is supposed to receive alimony the judge may award less based on marital misconduct. However if you are the person receiving marital maintenance and your spouse cheated, you may be awarded more. Usually this is case by case situation and not the common outcome.
Always Consult an Experience Divorce Lawyer
For your own benefit, you should consult a qualified lawyer to address your concerns more appropriately. Divorce Lawyers realize divorce is stressful and emotional and they want to help you move through it as swiftly and painlessly as possible. Your best bet is to seek your revenge through being happy without your ex and let his or her conduct find its own punishment without you.
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About Grubbs & Landry
At Grubbs & Landry, PLLC, we are dedicated to personal and friendly service. We manage our practice in an ethical, cost-effective manner to best help our clients resolve their legal issues with the least expense possible. We pride ourselves in advocating for our client in divorce, child custody, and child support matters as well as other family law matters. We are active in prosecuting personal injury cases-recovering for the injuries our clients sustain due to the negligence of others. Additionally, we help our clients prepare for the future through the preparation of Wills, Power of Attorney and Living Will.
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