Infidelity often triggers divorce, stirring up intense emotions and confusion about how it affects property division. However, many Stamford residents misunderstand the impact of cheating on divorce settlements.
Connecticut uses “no-fault” divorce laws. Courts don’t consider marital misconduct when dividing property. If you’re the loyal spouse, unfaithfulness won’t automatically get you a larger share of assets. Judges focus on fair distribution based on various factors, not on punishing a cheating spouse.
Still, infidelity can indirectly affect property division. If your spouse spent a lot of marital funds on an affair, the court might consider this when splitting assets. This idea, called “dissipation of marital assets,” aims to ensure a fair final settlement.
Common myths debunked
Despite what many think, the cheating spouse doesn’t lose everything in a divorce. Connecticut law splits property fairly, not based on who did wrong. Another myth claims that proving cheating guarantees a better deal. While evidence of an affair might influence settlement negotiations, it usually doesn’t change how the court divides property in the final judgment.
Factors that matter in property division cases
Stamford courts look at several factors when dividing property. These include:
- How long the marriage lasted
- Each spouse’s income and future earning ability
- Age and health of both partners
- Contributions to the marriage, including homemaking
- What each spouse needs after divorce
In court decisions, these factors matter more than infidelity.
Protecting your interests in a divorce involving infidelity
While infidelity may not directly impact property division, it’s still important to protect your interests during the divorce process. If cheating led to your divorce, consider taking these steps:
- Record any marital money spent on the affair
- Collect proof of assets gained during marriage
- Consider consulting with a marital property attorney
- Think about using mediation to settle
- Plan for your financial future
Try to approach property division calmly, even if you feel upset. Courts aim to split assets fairly, not to punish cheating.
To secure a fair settlement for your post-divorce life, focus on understanding the law and the key factors courts consider. You’ll be better positioned to protect your interests and build a secure financial foundation by staying informed and planning carefully.