Sunday, December 5, 2010

Infidelity And Divorce

QUESTION: CAN MY SPOUSE BE PUNISHED FOR EXTRAMARITAL RELATIONS DURING OUR MARRIAGE?

ANSWER:

Normally, neither spouse is "punished" by the Court for extramarital relationships. When admissible evidence of "marital waste" is offered, the Court does consider the "waste" (dissipation of marital funds subject to equitable division) when trying to equitably divide marital assets and debts. "Marital waste" would have to be materially significant for it to be relevant. [O.R.C. ~ 3105.171(E)(3) states, "[i]f a spouse has engaged in financial misconduct, including, but not limited to, the dissipation of assets, the court may compensate the offended spouse with a distributive award or with a greater award of marital property."]

A few hundred dollars spent on dinners and movies may be considered irrelevant. When a spouse buys an extramarital partner a car that costs several thousand dollars or takes the partner on a cruise costing several thousand dollars, that may be materially significant. If the money spent is clearly identifiable as marital funds (e.g., preseparation marital savings) that were clearly identified as spent on the extramarital partner, offset may be granted by the Court. Claims unsupported by proper exhibits (records) or admissions by the spouse, may be disregarded.

This answer is offered for informational purposes only. It is not offered as, and does not constitute, legal advice. The answer presumes you are not currently represented by an attorney who knows your specific circumstances.

16 comments:

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  2. Thanks for the information, that is really interesting. I will have to talk to my divorce attorney and see if this applies to my ex-husband.

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  4. Not sure if this is the same in Australia. Family & The Law (Family Law Portal)

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  5. As the girlfriend in the middle of an ugly divorce, I have been served to be deposed by the wife's attorney - my question is - can she be present? She has harassed me and ignored my Cease and Desist letter from my lawyer. I'm hoping you tell me she cannot be present! I live in Cuyahoga county Ohio Thank you very much

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  6. A deposition is like a hearing, without a judge or magistrate present. The parties are often present at a deposition. You may want to represented by an attorney. For more information regarding depositions go to:

    http://ohiodivorceguide.blogspot.com/2012/08/divorce-depositions.html

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