Is there a law involved with infidelity in marriage wherein a spouse doesn’t get 50 % of assets?
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Is there a law involved with infidelity in marriage wherein a spouse doesn’t get 50 % of assets?
Asked on December 6, 2012 under Family Law, Texas
Answers:
Kate Forrest / The Law Office of Kate M. Forrest, PLLC
Answered 11 years ago | Contributor
Washington is a "no fault" state--courts are specifically prohibited from considering marital misconduct in making a just and equitable distribution of assets. (Which doesn't always work out to 50/50, it depends on all the circumstances, including division of debts, each party's earning potential, etc.) The only way around that would be if there were a prenuptial agreement, or if you reach a settlement between the spouses independently or through mediation. The court still has to sign off on any agreement, and they will not allow something completely unfair, but they can allow a different distribution than they would make if it were left to the court to decide.
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