Equitable Distribution


#1

Dear Virgo,

Generally, no, the behavior of the other spouse is not a consideration in property distribution. However, you can argue for an unequal distribution in your favor if that spouse’s behavior led to a depletion of marital assets., i.e. they spent a large amount of money, took money out of a retirement account, or ran up a large amount of debt in pursuit of adulterous affairs.

Good luck,

Shonnese D. Stanback
Attorney
The Rosen Law Firm
4101 Lake Boone Trail, Suite 200
Raleigh, North Carolina 27607
919.256.1534 direct voice
919.256.1667 direct fax
919.787.6668 main voice
919.787.6361 main fax
NCdivorce.com
email: sstanback@rosen.com

The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service but a full discussion with an attorney should be undertaken before taking any action.


#2

Hello,

Is the behavior of one or other of the spouses ever taken into account during the equitable distribution process? ie: the spouse that sued for divorce had numerous affairs, etc.

Thank You,

Virgo