Economic Fault in a New Jersey Divorce

Divorces are complicated, emotional, and overwhelming for many couples. Sometimes, the emotional toll of the end of a marriage is so heavy that one party takes destructive actions in an effort to spite the other spouse. When finances are used in an intentionally wasteful or spiteful manner, the party who committed these actions may actually face accusations of committing economic fault.

Consequences of Economic Fault in a Divorce

When it turns out that one spouse has been negligent about marital funds either towards the end of a marriage or during the divorce process, the court may hold them accountable for these actions. For example, if one spouse is involved in an extramarital affair with another party, there is a good chance that they will spend marital funds on that affair. Of course, this is not fair to the spouse who has remained faithful. In situations like this, the court may award the faithful spouse compensation for half of all of the marital funds that were spent on the extramarital affair.

Though marital fault typically does not play very much of a part in the equitable distribution process, economic fault can. Another instance of economic fault may be if one spouse learns that the other party is planning to get divorced and intentionally spends a lot of marital funds in an effort to get back at them.

Each divorce is different. It is important to retain the services of an experienced divorce attorney that can fight on your behalf during this difficult time. Contact our firm today for quality legal representation.

Ross and Calandrillo, LLC is a full-service divorce, family, and real estate law firm located in Mountainside, New Jersey. For strong legal representation in all of your divorce or family law matters, contact Ross and Calandrillo, LLC to schedule a free consultation.