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Recovering Marital Assets Spent on Adultery

By The Law Offices of Ronald K. Stitch|December 18, 2020

Adultery is devastating. Divorce is devastating. Perhaps you suspected something was happening but put it out of your mind. Maybe you were completely blindsided by the discovery that your spouse was having an affair.

If you are unable to solve your marital problems and are seeking a divorce, you may have many questions. Divorce laws vary across states and affect shared assets and spousal support differently. If you believe your spouse spent money out of the marital estate on the affair, keep reading.

The Law Offices of Ronald K. Stitch are highly regarded and experienced in family law. Our dedicated team will answer all your questions and help you navigate this significant change in your life. When you need a divorce attorney in Westlake Village, California, we are here to help.

California is a No-Fault State; However, Can I Be Reimbursed for Money Spent on an Affair

A no-fault state means that a judge cannot allocate marital assets unequally due to adultery. A judge cannot order punitive damages for adultery and cannot order more spousal support to be paid due to infidelity. At first glance, this may be disappointing, especially if your spouse has had an affair. Still, California law upholds the equal division of marital assets.

What if your spouse used marital assets in the affair? If he or she spent money without your knowledge or consent, how does that affect the division of assets under the law?

If your spouse spent money on;

  • Lavish gifts, like jewelry, designer clothes, or leasing a car or an apartment
  • If they rented expensive hotels or suites
  • Or if they gave cash out of your joint accounts

You may be entitled to reimbursement. Half the marital estate is yours.

What Comprises the Marital Estate

The marital estate includes property and cash assets. Under state law, marital assets include:

  • The house or houses
  • Any cars or motor vehicles
  • Furniture
  • Clothing
  • Bank accounts and cash on hand
  • Security deposits on apartments
  • Pensions plan
  • 401(k) plans
  • Stocks and Bonds
  • Life insurance, if it has a cash value
  • If applicable, the business and patent.

If you feel your spouse spent money on his or her affair, don’t hesitate. Talk to a divorce attorney in California now. The Law Offices of Ronald K Stitch may be able to ask the court to order reimbursement for money spent out of the marital estate.

Keep What is Rightfully Yours

You built a life together. You took vows and promised to share everything. You may not be able to do anything about the affair, but that does not mean you have to give property or assets that are rightfully yours. Our knowledgeable team can investigate and discuss any marital assets spent without your knowledge or consent. Don’t let adultery cut into what you rightly deserve. Call us today. When you need a divorce attorney in Westlake Village, California, the Law Offices of Ronald K Stitch are here to fight on your behalf. You can contact us for a free consultation by clicking here or by calling 818-707-0202.

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