Legal Definitions - marital misconduct

Marital misconduct refers to behavior that is believed to have caused damage to a marriage. This can include actions such as infidelity, physical or emotional abuse, or other immoral behavior. In some states, the spouse found guilty of marital misconduct may face negative consequences during property division, spousal support, or attorney's fees.

For example, if one spouse is found to have cheated on the other, this may be considered marital misconduct and could impact the outcome of the divorce settlement. Similarly, if one spouse has a history of physical abuse towards the other, this could also be considered marital misconduct and may affect the division of assets or spousal support.

It's important to note that not all behavior that causes harm to a marriage is considered marital misconduct. For instance, simply being financially irresponsible or making poor financial decisions is not typically considered marital misconduct.