If infidelity played a part in the breakdown of your marriage, you might wonder if it will affect how you will divide marital assets. Will the court hold them accountable for what happened? Here is what you need to know.
Pennsylvania divorce courts do not ‘punish’ a spouse for cheating when apportioning marital property. However, certain actions can affect how marital property is divided. Understanding how things work can help you prepare for what lies ahead.
When infidelity can affect property division
As mentioned, cheating, lying, emotional betrayal or general marital disagreements typically won’t impact who gets what. It does not matter how painful it was. However, if your spouse’s cheating involved significant financial harm, courts can adjust the distribution of marital assets to achieve fairness.
Pennsylvania is an equitable distribution state, and courts consider various factors when dividing marital property. Infidelity by itself isn’t one of them, but the financial impact of your spouse’s misconduct can be. For instance, if they recklessly spent marital funds or racked up debt on shared accounts to support an affair, a judge may factor that in when apportioning marital assets and compensate you accordingly.
Don’t allow emotions to drive your decisions
It’s natural to feel hurt and betrayed by infidelity, but making decisions based on your feelings can lead to poor outcomes. Focus on financial security rather than seeking revenge and come into the divorce process level-headed, with a clear understanding of your rights and goals. It will put you in a stronger position post-divorce.
Having the proper legal guidance during the divorce can also help you make informed decisions and negotiate a fair settlement. This can play a key role in protecting your financial interests and securing a fair settlement.
