Skip to main content

Does adultry affect non maritial property

Ellicott City, MD |
Attorney answers 3


Ordinarily, no.

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


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


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;

Can't find what you're looking for?

Post a free question on our public forum.

Ask a Question

- or -

Search for lawyers by reviews and ratings.

Find a Lawyer