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Recovering Marital Assets Spent on Adultery

The Law Offices of Ronald K. StitchDecember 18, 2020

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

If you find yourself unable to solve your marital problems and are seeking a divorce, you may have many questions. Divorce laws are different across the 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 navigate you through 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 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 on 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’s Comprises the Marital Estate?

The marital estate includes assets of property and cash. 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 plans
  • 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 you 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 with you 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 818-237-4574.

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