Legal Definitions - marital misconduct

Marital misconduct refers to specific actions or behaviors by one spouse during a marriage that are considered legally blameworthy and are recognized by certain states as a factor in divorce proceedings. These actions are often seen as having significantly contributed to the breakdown of the marriage.

In jurisdictions that allow "fault" divorces, evidence of marital misconduct can influence decisions regarding the division of marital property, the award of spousal support (alimony), or even who pays for attorney's fees. Generally, it involves serious breaches of marital duties, such as infidelity or physical abuse, rather than mere disagreements or financial mismanagement.

Here are some examples illustrating marital misconduct:

• Example 1: Infidelity

  During their marriage, Sarah discovers that her husband, Mark, has been having a long-term affair with a colleague. Sarah decides to file for divorce in a state that recognizes fault grounds.

  How this illustrates marital misconduct: Mark's infidelity is a classic example of marital misconduct. In states that consider fault in divorce, this behavior could potentially impact how marital assets are divided or whether Sarah receives a larger share of spousal support, as his actions directly violated the marital vows and contributed to the marriage's breakdown.

• Example 2: Physical Abuse

  David has a history of physically assaulting his wife, Emily, during arguments. Emily eventually seeks a divorce, citing the repeated instances of domestic violence.

  How this illustrates marital misconduct: David's pattern of physical abuse against Emily constitutes severe marital misconduct. In a fault-based divorce, this conduct would be a significant factor, potentially leading to a more favorable outcome for Emily in terms of property division or spousal support, and could also influence decisions regarding child custody and safety.

• Example 3: Willful Desertion

  After a disagreement, Michael abruptly leaves the marital home, moves to another state, and ceases all contact and financial contributions to his wife, Lisa, and their shared expenses for over a year, without any prior agreement or justification.

  How this illustrates marital misconduct: Michael's deliberate and unjustified abandonment of Lisa and the marital home for an extended period is considered willful desertion, a form of marital misconduct in many fault-based jurisdictions. This action demonstrates a clear breach of his marital duties and could be used by Lisa to seek a divorce on fault grounds, potentially affecting the division of assets or spousal support in her favor.