How Cheating Affects Property Division in Atlanta

Georgia is a no-fault state, which means that there is no reason to highlight adultery when filing for divorce. That being said, cheating can still affect many aspects of divorce, including property division. Whether you have been accused of adultery or you were a victim of this misconduct, you may want to take a moment to understand how it could affect property division. An experienced divorce attorney in Atlanta may be able to expand on this topic with you.

Did the Cheating Spouse Spend Money on the Illicit Relationship?

The main question is simple: Did the cheating spouse spend money on the relationship? If so, this could affect property division in many ways. For example, a cheating spouse might have spent considerable funds on various gifts for the illicit partner. These might have included expensive jewelry, clothes, vehicles, or even apartment rentals. Whatever the case may be, the family court may consider these expenditures when approaching property division.

The court might also consider whether the cheating spouse spent money on luxurious vacations. Excessive transport costs could be considered in this scenario, including flights or long drives. The court might also consider the cost of accommodation, whether the spouse paid for a cheap motel or an expensive hotel room.

The Cost of the Relationship Could Be Subtracted From the Property Division Settlement

So how do these costs affect the overall property division process? Simple: The family court may add up all the various expenditures associated with the relationship and subtract that amount from the cheating spouse’s share of the marital property.

Spending considerable amounts on an illicit relationship could qualify as the “dissipation” or “waste” of marital property during divorce. One has to remember that during a marriage, many of the funds available to spouses are shared. Even if one spouse is the primary wage-earner, their income is almost always considered marital (shared) property.

In the eyes of the court, this means that the cheating spouse was essentially spending someone else’s money on their illicit relationship.

For example, a spouse might have engaged in a five-year relationship with an extramarital partner. During those five years, the cheating spouse might have spent $100,000 on gifts, vacations, and other expenditures related to the relationship.

In this scenario, the family court might subtract that $100,000 from the cheating spouse’s share of the marital property. Suppose that marital property is worth $1 million. In this scenario, the cheating spouse would receive $500,000 minus the $100,000 of “wasted” marital property. In other words, the cheating spouse would receive $400,000, while the other spouse would receive $600,000.

Can a Divorce Lawyer in Atlanta Help With Property Division?

Although adultery doesn’t automatically affect property division, there are many situations in which an offending spouse might experience considerable financial losses. Whether you need to prove that this adultery occurred or you’re trying to avoid these consequences, a divorce lawyer in Atlanta could help. Continue this conversation by contacting Buckhead Family Law today.

Source:

 ifstudies.org/blog/who-cheats-more-the-demographics-of-cheating-in-america