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What effect does the conduct of the parties have on property division?

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What effect does the conduct of the parties have on property division?

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Misconduct matters. But it probably matters less than most people expect it does. Remember that the facts that seem so shocking to you may not be shocking at all to the judge, because he or she has already heard about this sort of thing several times this week.

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Ordinary misconduct does not have an effect on how marital property is distributed in the courts. If there has been a dissipation of assets, the courts will rule in a manner that compensates for the dissipation. For example, where a party was found to have committed economic fault by secreting assets, the trial court awarded the wife an amount equal to all of the funds that the husband had withdrawn from bank accounts and had concealed in order to avoid their distribution. Other dissipation of assets may include where a party has spent money on drugs, or on gambling, or on a paramour, or where a party has caused the other party to sustain permanent physical injury (a disability).

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The property division must be made without regard to any marital misconduct. However, if one party has wasted a major community asset, for example by gambling, that may be considered by the court in dividing the remaining property.

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The conduct of the parties will effect the division only to the extent that one of the parties has “wasted the marital property”. An example is where one party may have lavished money or other property on a paramour or at the race track.

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