Spouse’s affair may not factor into property division
When a Massachusetts spouse has been wronged, the first impulse is often an emotional response aimed at extracting revenge. When we are hurt, embarrassed or surprised by the infidelity of a husband or wife, we often react in a manner that is not rational or in line with our long-term interests. We want the choices of the adulterer to play a role in the property division process. Unfortunately, however, adultery often plays little to no role in the Massachusetts divorce process. Furthermore, attempting to make infidelity into a central issue within a divorce can actually lead to negative consequences for the wronged spouse. The most common way for this to occur involves accruing hefty legal fees for the time and effort spent on proving that adultery made a significant impact on the marriage. This may sound odd, considering that cheating is often the central reason for a divorce. However, consider the following scenarios. If a spouse feels certain that their partner spent a considerable amount of marital assets on funding the affair, it is possible to bring those allegations into play within the divorce process. However, proving this assertion requires a great deal of research and documentation. At the end of a lengthy and expensive process of discovery, it is entirely possible to gain an award that does not even cover the cost of proving that dissipation of assets took place. Another issue involves allegations of abuse. Unless there is clear and convincing evidence that abuse took place, it can
