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Does My Spouse’s Affair Come Into Play When Determining Equitable Distribution?

If you’re wondering whether your spouse’s affair affects the way assets are distributed at the end of a marriage, the basic answer is no, seeing as New Jersey is a no-fault state. Thus, one party contributing or even causing the breakdown of the marriage will most likely have no effect on the equitable division of marital assets and debts.

It is important to note, however, that if one spouse has used marital assets to fund an affair or has committed marital waste, that party may be obligated to compensate the other party for their behavior.

Let’s say, for example, that a review of your credit card statements indicates that your spouse spent thousands of dollars shopping for gifts for their extramarital partner in a jewelry store. The credit card bill was paid with marital earnings and you did not receive any of the jewelry purchased. Your attorney must fight for you to demand reimbursement as your marital funds should not be used for extramarital affairs.

Every case is very unique with its own set of facts and details, which is why working with the best divorce lawyers hackensack is the best way to ensure you receive everything you’re due.

Contact Tomasella and Vacca, L.L.C for a consultation if you have any questions regarding equitable distribution that requires the expertise of our Hackensack family law attorneys.