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Does adultry affect non maritial property

Ellicott City, MD |
Filed under: Divorce Adultery

does adultery affect non maritial property

Attorney Answers 3


  1. Ordinarily, no.

    But you should consult a local divorce lawyer to discuss any potential or special issues that may arise in your case.


  2. No, but the judge can consider fault and non-marital property, among other factors, in determining a marital award.


  3. All though the Court can look at fault, as a general rule adultery plays little bearing in an adultery case. With that said the Court can look at whether:
    1) A spouse is the primary caretaker of a dependent minor or a disabled adult child;

    2) A spouse has pre-existing court-ordered support obligations;

    3) A spouse is complying with court-ordered payment of debts or other obligations (including uninsured or unreimbursed medical expenses);

    4) A spouse has unusual needs;

    5) A spouses’age or health;

    6) A spouse has given up a career, a career opportunity or otherwise supported the career of the other spouse;

    7) A spouse has received a disproportionate share of the marital estate;

    8) There are unusual tax consequences;

    9) Other circumstances that make application of these considerations inequitable;

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