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Do Courts Consider Fault In the Property Division?

The laws of most states do not list the behavior of either party as a factor to be considered by the judge in making the property division.

This may seem unfair. However, there is a reason for it.

The laws are deliberately set up this way in order to make trials cheaper and shorter, to make it the case that it doesn't matter which judge you get, and to encourage the parties to focus on the future rather than the past.

Having said all this, the laws of many states give the judge leeway to consider any factor he or she thinks is fair. Occasionally you will see a case in which it appears that the judge considered fault as part of deciding "what's fair."

Also, there are a few outright exceptions -- states in which a judge may consider a spouse's adulterous or other misconduct in making the property division.

Please consult a legal authority in your state for details.

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