Yes, these kind of actions or inactions could be considered in a division of marital property if they can be proven to have had an economic impact on the marital estate. And if proven, the judge could award the non-offending spouse a greater portion of the estate if the judge views that award as equitable under the circumstances.
Further, the medical debt resulting to rehab facilities and hospital visits can be argued as that spouse’s separate debt that should not be included in equitable distribution at all. And any alimony that the dependent spouse is seeking could be impacted due to the offending spouse’s actions or inactions if proven as marital misconduct.
This can be testified about at court, making sure to focus on how and why the actions and inactions of the offending spouse had an economic impact on the marital estate (for example: extra credit card debt was incurred because the offending spouse could not hold a job). Also, some counties have a space to include these arguments on the Equitable Distribution Inventory Affidavit, which is completed and exchanged well before a trial date.
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