Spouse has GF, do we split assets

[alezajex]

What is the name of your state? VA

asking for friend.

Husband is cheating and wife has all proof, videos, photos via husband’s GF. (They got into argument etc)

Wife is in high net worth income.They have 4 kids together. Husband doesn’t work all year, has odds jobs. Less than $30k yearly. Wife is 150-200k salary.

Will she be splitting assets if start separation process? marriage is 10+ yrs togerhr

clearly husband is at fault & probably have to admit his affair etc.

 

[Ohiogal]

What is the name of your state? VA

asking for friend.

Husband is cheating and wife has all proof, videos, photos via husband’s GF. (They got into argument etc)

Wife is in high net worth income.They have 4 kids together. Husband doesn’t work all year, has odds jobs. Less than $30k yearly. Wife is 150-200k salary.

Will she be splitting assets if start separation process? marriage is 10+ yrs togerhr

clearly husband is at fault & probably have to admit his affair etc.

Adultery doesn't impact it usually. They will split the marital assets and she may have to pay spousal support. And if he was the primary caregiver of the kids, she may also be paying him child support.

 

[Bali Hai Again]

What is the name of your state? VA

asking for friend.

Husband is cheating and wife has all proof, videos, photos via husband’s GF. (They got into argument etc)

Wife is in high net worth income.They have 4 kids together. Husband doesn’t work all year, has odds jobs. Less than $30k yearly. Wife is 150-200k salary.

Will she be splitting assets if start separation process? marriage is 10+ yrs togerhr

clearly husband is at fault & probably have to admit his affair etc.

Virginia is an equitable distribution state. If the parties won’t agree on the split of assets the court will decide for them and put it into the divorce decree.

In the meantime see below:

https://law.lis.virginia.gov/vacode/title16.1/chapter11/section16.1-278.17:1/

 

[alezajex]

Adultery doesn't impact it usually. They will split the marital assets and she may have to pay spousal support. And if he was the primary caregiver of the kids, she may also be paying him child support.

Wife been paying house rental, kids fee, expense, 0 contribution from him


how will court decide? If husband commits Adultery shouldn’t he be at fault? Unfair to take 1/2 assets. What if he has abusive behavior?

 

[Ohiogal]

Wife been paying house rental, kids fee, expense, 0 contribution from him


how will court decide? If husband commits Adultery shouldn’t he be at fault? Unfair to take 1/2 assets. What if he has abusive behavior?

She chose him. They are married. She was fine with paying for everything with 0 contribution with him. He is entitled to an equitable share of assets. And we don't deal with hypotheticals. If he is abusive, why did she stay with him? Did she leave him alone with the children ever? If so, then he wasn't that bad and it is it an excuse. Either that or she is admitting to being a bad parent.

And who are you in this? The Wife's new partner?

 

[commentator]

Four children of what ages? Is he providing care for the children? The old days of "at fault" divorcing is not so much these days, as has been pointed out above, you don't stay with someone for years, and then suddenly announce during the divorce process that he/she has been abusive to me, like "last year during the holidays he slapped me...." If the abuse was not such that the other party took action immediately, it's not going to be considered very important in the divorce now. And if it's going to happen, very quickly your friend you are asking this for needs to get a good attorney to assist and represent them who will be able to guide them through these sorts of issues,

 

[zddoodah]

Will she be splitting assets if start separation process?

This question is hopelessly vague. If your friend and her husband divorce, their marital assets will be divided in accordance with: (1) whatever they agree to in their marital settlement agreement, or, if they cannot come to an agreement, (2) whatever the court determines to be equitable based on all of the relevant facts.

Your high-earning friend should be consulting with a local divorce attorney. Among other things, your friend will need to decide whether it's better to pursue a fault-based divorce (something that is very much still part of Virginia law) or whether it will be better simply to pursue a no-fault divorce.

 

[stealth2]

What if he has abusive behavior?

Has it been reported? If not - what proof does she have? If it wasn't reported, it probably won't be taken too seriously. Too many spouses claim abuse after the fact w/o any real ability to back it up.

 

[Bali Hai Again]

Both parties will need good attorney’s. With this much income disparity it’s conceivable that the high wage earner will also pay some or all of the low wage earner‘s attorney fees.