Many North Carolina spouses believe that cheating will change how courts split their property in divorce. The truth about infidelity’s role in asset division often surprises people. Here’s what you need to know about how marital wrongdoing affects your divorce settlement in NC.
What counts as marital misconduct in North Carolina?
NC law lists several acts as marital misconduct. These include cheating on your spouse, leaving the marriage, cruel treatment, drug abuse and wasteful spending of shared money. Each type of misconduct plays a different role in divorce cases.
How misconduct shapes your property split
NC courts aim to divide marital property fairly between spouses. But lousy behavior alone won’t change your property division unless it hurts your finances. Here’s when misconduct matters:
- A spouse who spent shared money on an affair may get less property
- Hidden assets or wasteful spending can lead to uneven splits
- Acts of cheating without money issues won’t affect property division
The key thing to remember: While cheating may not change your property split, it can affect other parts of a divorce. For example, if a dependent spouse cheats, they could lose their right to alimony payments. Courts look at misconduct carefully when deciding spousal support.
Money problems from misconduct need solid proof. You’ll want to track:
- Bank statements showing unusual spending
- Credit card bills with suspicious charges
- Records of gifts or trips linked to affairs
Most property battles in NC divorce focus on financial issues, not moral ones. The court cares more about protecting both spouses’ money than punishing bad behavior. If your spouse’s actions hurt your finances, you’ll need clear proof to get a fair split.
Every divorce brings unique money challenges. A local divorce lawyer can examine your case and tell you how marital misconduct might affect your property rights. They’ll help you gather the proper evidence to protect your interests in court.