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Patricia N. Campbell Legal Blog

Saturday, June 13, 2015

My Spouse Is Cheating. Am I Entitled To More Money If I Get Divorced?

Ohio is a no-fault divorce state.  No-fault divorce means that the reason for the parties divorce does not have any bearing on how marital assets will be divided.   In Ohio, an equitable division state, marital property is presumed to be divided equally.  However, if a cheating spouse has used marital assets to support the extra-marital relationship, the funds used can be taken into account in dividing assets.    Also, if a Wife acquires credit card debt (regardless of how it is titled) to further the affair, such as taking a trip to Las Vegas with her boyfriend, the debt may be given entirely to the Wife instead of divided between the parties.

In certain counties in Ohio, particularly Greene County, Montgomery County, Darke County, Clark County, Miami County, and Champaign County, spousal support or alimony can be reduced or eliminated if the innocent spouse is paying and the cheating spouse or ex-spouse lives with  the boyfriend or girlfriend.  If you are paying spousal support or alimony and your ex-spouse remarries, spousal support almost always ends as a matter of law.

Adultery may affect a custody determination if the wayward spouse carried  on the relationship in front of the children or exposed them to inappropriate people or situations, such as drunkenness or drug use,  during the course of the affair.

Finally, if the cheating spouse has a conscience and is feeling particularly guilty about their bad behavior, the adulterous spouse may be willing to agree to give additional assets to the innocent spouse.

My office is experienced with determining whether any of these situations can effect a property settlement, spousal support award, or custody determination.  Call today to schedule an appointment to determine whether your particular facts would entitle you to more marital assets.


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