Also known as: marital misconducts · spousal misconduct · marital fault
Written by attorneys · grounded in primary & secondary sources — see below
Conduct by a spouse during the marriage that constitutes fault or wrongdoing. Modern no-fault divorce statutes direct courts to disregard such conduct when fixing the amount and duration of maintenance, the amount of child support, and the equitable apportionment of property.
Select any source to read its text and confirm it supports the definition.
Marco Marquez seeks maintenance after separating from Monica Morgan. Monica argues that Marco's long affair should reduce or eliminate any award. The court sets the amount and duration solely by reference to Marco's resources, need, and the statutory factors, without reducing the award on account of the affair.
Miles Montgomery petitions for child support from Madison Meyers. Madison contends that Miles's repeated neglect of the children during the marriage should lower the support obligation. The court calculates support by weighing the child's resources, the custodial parent's resources, and the other statutory factors, without regard to the claimed neglect.
Malcolm McKinley and Mariam Mansour seek division of their community property after dissolution. Mariam presents evidence that Malcolm dissipated marital funds on an extramarital relationship. The court apportions the property in just proportions after considering the listed statutory factors, without adjusting the shares on the basis of the dissipation tied to misconduct.
Monica Morgan requests equitable division of assets following a status-only decree entered by a court lacking personal jurisdiction over her spouse Marco Marquez. Marco offers proof of Monica's verbal cruelty throughout the marriage. The court apportions the property and assets belonging to either spouse after weighing duration, contributions, needs, and future opportunities, without regard to the cruelty evidence.
A spouse who earned an M.B.A. during the marriage seeks to have the degree treated as marital property subject to division. The other spouse alleges that the student spouse engaged in marital misconduct by prioritizing studies over family obligations. The court holds that the degree is not property at all and therefore not subject to division, without needing to reach the misconduct claim.
Under the Uniform Marriage and Divorce Act, the maintenance order must be set in amounts and for periods the court deems just without regard to marital misconduct. The court instead weighs the financial resources of the parties, the time needed for education or training, the marital standard of living, the duration of the marriage, and the ability of the paying spouse to meet both parties' needs.
Supporting sources
The Uniform Marriage and Divorce Act directs courts to divide property without regard to marital misconduct. Division occurs in just proportions after considering the duration of the marriage, each spouse's contributions to acquisition and appreciation, the needs of the parties, custodial responsibilities, and opportunities for future acquisition of assets.
…for dissolution of the marriage, legal separation, [or] declaration of invalidity ..., the court shall, without regard to marital misconduct, make such disposition of the property and the liabilities of the parties, either community or separate, as shall appear just and equitable after considering all relevant factors including,…
…the judgment. The Uniform Dissolution of Marriage Act requires that a court shall divide marital property, without regard to
…answer. She prayed that a divorce be disallowed and separate maintenance granted. Neither party charged the other with any marital misconduct
…the court may order either parent of both parents to pay any amount reasonable for support of a child, without regard to marital misconduct
…point, Wife declares the trial court erred in not ordering Husband to pay her attorney's fees, because (1) Husband committed marital misconduct
Supporting sources
Modern no-fault statutes require only a verified allegation that the marriage is irretrievably broken, plus specified background facts about the parties, children, and requested relief. Traditional fault-based defenses such as condonation and recrimination have been abolished, so detailed misconduct allegations are neither required nor relevant to the sufficiency of the petition.
Supporting sources
The Uniform Marriage and Divorce Act authorizes child-support orders without regard to marital misconduct. The court instead considers the financial resources of the child, the financial resources of the custodial parent, the standard of living the child would have enjoyed, the child's physical and emotional condition and educational needs, and the financial resources and needs of the noncustodial parent.
Supporting sources