Will the division of property and potential spousal support be affected by whether or not I obtain a fault or no-fault divorce?

In a divorce, the division of property and the amount of spousal support can sometimes be affected if the divorce is a fault divorce. The effect of divorce on division of property varies by state, and while many states in the United States no longer allow fault divorce, all states have a provision for no fault divorce. 

How are divorce, division of property, and spousal support affected by fault grounds?

In a fault divorce, the divorce is granted because of the actions of one party. Reasons for a fault divorce include:

• Adultery
• Abandonment
• A prison sentence 
• The inability to have sexual intercourse
• Neglect or non-support
• Alcoholism 
• Drug addiction 
• Cruelty (physical and emotional), or 
• Insanity.  

In some states, when the divorce is based on these grounds, the party who is not at fault may receive a larger portion of the property and could receive more alimony.

How does no fault divorce affect division of property?

If a state only allows no fault divorce, or if you opt for a no fault divorce, then the wrongdoing of one party will not be a determining factor when deciding the division of property, the amount of spousal support, visitation rights, or the amount of child support.  

While fault may sometimes come into play in certain states, there are generally other factors that are the primary considerations when determining support and property division. For example, spousal support is usually determined by looking at the standard of living the parties had during the marriage, the length of the marriage, the incomes of both parties, employability of both parties, their ages, their health, and other related factors.

Should I get help?

If you are getting a divorce, whether that divorce is a fault or a no-fault divorce, you should strongly consider speaking with a lawyer who can help make sure the settlement agreement is fair. A qualified lawyer can help protect your rights during the entire divorce process