Many of my clients (and their family and friends) have asked why one spouse’s wrongdoing in the marriage doesn’t impact alimony or maintenance, or equitable distribution outcomes.
Modern support and equitable distribution laws are not focused on fairness regarding the breakdown of the marriage. Instead, they recognize marriage as an economic partnership, and a divorce, a dissolution of the partnership. Courts focus on unwinding the partnership, dividing property and making awards of support, considering many factors, including “anything that is just and proper.” However, unless there is egregious fault at issue, or a deliberate waste or dissipation of marital assets, “payback” or “justice” very rarely impacts support or equitable distribution awards.It can seem especially hurtful for the Courts, in determining support and the division of property, to ignore the fact that a spouse has abandoned the marriage or committed wrongdoing, including emotional or physical abuse or infidelities. Accordingly, a spouse who has done no wrong may have to share a pension interest that is marital, or, where he or she is the higher wage earner, even pay an ex-spouse who is at fault alimony or child support.