En route 2 divorce said:
Massachusetts here. Is a spouse who commits adultery still entitled to 50/50 of all of the property/assets acquired while married? I thought I heard somewhere that if adultery is committed, it forfeits it all. Did I hear wrong? Please advise, thank you.
My response:
Yes, you either heard wrong, or were given very poor information. And, when you think about it, it's quite ludicrous to believe that one spouse could be left penniless and destitute, forced to live off Welfare and other public assistance, while the other spouse lives the "high life".
Massachusetts is both a "Fault" and "No-Fault" divorce State. When it comes to property of the marriage, Massachusetts is an "equitable distribution" state. Because of equitable distribution, property division is not necessarily 50/50, as it would be in, for example, California. If a "fault-based" dissolution is sought, the court may divide all of the spouse's property, including any gifts and inheritances, based on the following factors: (1) the contribution of each spouse to the acquisition, preservation, or appreciation in value of the property, including the contribution of each spouse as homemaker; (2) the length of the marriage; (3) the age and health of the spouses; (4) the occupation of the spouses; (5) the amount and sources of income of the spouses; (6) the vocational skills of the spouses; (7) the employability of the spouses; (8) the liabilities and needs of each spouse and the opportunity of each for further acquisition of capital assets and income; (9) the conduct of the parties during the marriage (if the grounds for divorce are fault-based); and (10) any health insurance coverage. Fault is not a factor if the grounds for the divorce are irretrievable breakdown of the marriage filed in conjunction with a separation/settlement agreement. [Massachusetts General Laws Annotated; Chapter 208, Sections 1A and 34].
IAAL
