Dividing Assets when illicit sexual behavior in play


#1

My spouse has fully admitted to illicit sexual behavior before and after we were separated. I am trying to determine if that affects our assets such as equity in home, retirement accounts, or any other assets we currently have. From what I have read it looks like it would either eliminate, or seriously reduce, alimony. We are not arguing over the kids as we will parent on 50/50 split. Please help me if it is even legally possible to use her infidelity to keep more assets.


#2

Marital misconduct (which includes illicit sexual behavior) cannot be a factor used to divide marital property unless the misconduct relates to the economic condition of the marriage. Generally, illicit sexual behavior will not relate to the economic condition of the marriage, and unless there are other forms of marital misconduct present, the marital property will be distributed equitably.

You are correct that illicit sexual behavior does affect alimony.