Will husband’s adultery result in a less than 50% share of marital property upon divorce? – Adultery in Divorce Law in Virginia

Will husband’s adultery result in a less than 50% share of marital property upon divorce? – Adultery in Divorce Law in Virginia


Will husband’s adultery final result in a significantly less than 50% share of marital property upon divorce?

Certainly, in the circumstance of Kyger v. Kyger, Circumstance No: CL17-2132 in the Circuit Court docket of Rockingham County, Virginia.  Virginia does not start equitable distribution with an even or 50-50 split of marital home, as restated in Robbins v. Robbins, 48 Va. Application. 466, 632 S.E.2d 615 (2006), “Under settled rules, Virginia law “does not establish a presumption of equal distribution of marital assets.” Watts v. Watts, 40 Va.App. 685, 702, 581 S.E.2d 224, 233 (2003) (quotation omitted).”  Accordingly, in the Kyger circumstance, the Virginia Circuit Court docket choose divided the marital property on a 42-58% basis owing to husband’s adultery, which influenced his spouse and their poultry enterprise.

In Kyger, the parties ended up married 30-three many years right before separating thanks to husband’s adultery.  For the duration of the marriage, they obtained considerable assets, like the marital residence and a poultry enterprise.  Although wife contributed $50,000 of her individual resources toward the improvement of what became the marital home, she was unable to verify via tracing the existence of those cash in marital home at the time of separation.  The husband remaining the spouse and the poultry business enterprise, which spouse was not able to operate on her possess, in order to continue his extramarital affair with a co-worker.  The husband’s affair begun while his wife was suffering from numerous bouts with basal cell carcinoma.  Prior to leaving his wife, partner had been participating in sexual intercourse at unique times with his spouse and his paramour, unbeknownst to his paramour.  Even though wife ideal to preserve the relationship for religious motive, she gave partner an ultimatum, which led to the separation of the events.

At demo, the decide found the spouse to be credible and recognized her appraiser’s value for the farm.   The choose located the spouse was not credible and discounted his expert’s testimony on valuation because of to problems in calculation. The judge found that the husband’s adultery experienced a direct adverse outcome the poultry business, as he chose to leave the enterprise.  The spouse was awarded the martial home and the poultry business enterprise, in return for a lump sum payment to partner from wife, although spouse obtained mountain land.  The judge awarded wife full allotted property fewer allocated debts value $680,231.48, although partner acquired $498,431.93.  Splitting the distinction, one particular could conclude that husband’s adultery cost him $90,899.78.

You should talk to with your Virginia divorce law firm or Glen Allen divorce lawyer James H. Wilson, Jr., to focus on how adultery could affect the end result of your divorce scenario.


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