Does the Wife Get Half of the Property in a Divorce?

Will I get a greater share of the assets if my spouse cheated?

When dividing marital property, family courts follow principles of equitable distribution. This means assets are divided fairly but not always 50/50. The court considers factors like the length of the marriage, each spouse’s contributions, and financial circumstances. However, infidelity alone is generally irrelevant to property division unless specific circumstances apply.

Key Exception: Wasteful Dissipation of Marital Assets

If your spouse cheated and used significant marital funds to sustain their affair, this could affect the property division process. For example:

Did they spend thousands of dollars on gifts, vacations, or hotel stays for their lover?
Were marital bank accounts drained for non-essential expenses tied to the affair?

In New Jersey, like many other states, divorce laws focus on equitable distribution, not necessarily an equal split.

Child Custody and Cheating: Does It Matter?

While infidelity might seem like a character issue, courts rarely use it to determine parenting abilities. However, there are exceptions:

Introducing the Lover to Children: If a cheating spouse involved their new partner in the children’s lives, the court may question their judgment.
Impact on the Children’s Well-Being: If the affair exposed the children to instability or stress, this could influence custody decisions.

At the end of the day, custody arrangements prioritize the best interests of the children, not the marital issues between spouses.

Navigating Property Division in Family Court

When emotions are running high, it’s easy to assume infidelity should entitle the wronged spouse to a greater share of the assets. However, New Jersey courts aim to distribute assets fairly based on practical considerations, not emotional grievances.

How Does Property Division Work in New Jersey?

In New Jersey, property division is not just about splitting physical assets like homes, cars, and bank accounts. It also involves dividing intangible assets such as pensions, retirement accounts, and business interests. A family law judge will consider multiple factors to determine how property is divided:

The Length of the Marriage: Longer marriages often result in a more equal distribution of assets.
Each Spouse’s Financial Contribution: This includes not only the direct monetary contribution but also non-financial contributions like homemaking or raising children.
The Health and Age of the Parties: A spouse’s health and age may impact their earning capacity and thus their share of the property.
The Standard of Living: The standard of living established during the marriage is considered, as each party may need sufficient financial resources post-divorce to maintain their lifestyle.
Income and Earning Potential: The court may consider the future earning ability of both spouses, as well as their current financial situations.

Experienced Divorce Attorney Serving NJ and NY Since 2006

Additionally, a divorce settlement agreement should detail how marital property, debt, and other shared responsibilities will be divided. This agreement can be negotiated outside of court with the help of experienced divorce attorneys.

Divorce is never easy, especially when infidelity is involved. If you’re navigating the complexities of a divorce, it’s critical to have experienced legal representation on your side. At Adamo Ferreira Esq LLC, we understand the emotional and legal challenges you’re facing. Whether it’s negotiating a divorce settlement agreement, addressing property division disputes, or advocating for child custody, we’re here to help you every step of the way.

Phone: +1 201-343-1171