Also known as: marital misconducts · spousal misconduct · marital fault
Written by attorneys — see sources 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.
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.
Anne P. Graham and Dennis J. Graham were married on August 5, 1968, in Denver, Colorado. Throughout the six-year marriage Anne worked full-time as an airline stewardess and contributed seventy percent of the financial support used for family expenses and Dennis's education. Dennis attended school for approximately three and one-half years of the marriage and obtained a bachelor of science degree in engineering physics and a master’s degree in business administration at the University of Colorado. The couple jointly managed an apartment house and Anne performed the majority of the housework and cooking. No children were born during the marriage and no marital assets were accumulated. On February 4, 1974, the parties jointly filed a petition for dissolution in the Boulder County District Court. Anne did not make a claim for maintenance or attorney fees. After a hearing on October 24, 1974, the trial court found that the education obtained by Dennis during the marriage was jointly-owned property. The court evaluated the future earnings value of the M.B.A. at $82,836 and awarded Anne $33,134 payable in monthly installments of $100. The Colorado Court of Appeals reviewed the trial court's decision in Graham v. Graham, 38 Colo. App. 130, 555 P.2d 527 and reversed it. The Supreme Court of Colorado then took up the case.
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
…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 marital misconduct
…answer. She prayed that a divorce be disallowed and separate maintenance granted. Neither party charged the other with any marital misconduct. As reflected by the journal entry, plaintiff’s petition was denied on the basis of his failure to “sustain the burden of proof”. The trial court’s action in denying a divorce is asserted…
…the court may order either parent of both parents to pay any amount reasonable for support of a child, without regard to marital misconduct, after considering all relevant factors including: (1) The financial resources of the custodial parent; (2) The standard of living the child would have enjoyed had the marriage not…
…statutory references are to RSMo 2006, unless otherwise indicated. : Section 452.330.2(5) provides in pertinent part: " marital property' means all property acquired by either spouse subsequent to the marriage except ... (5) The increase in value of property acquired prior to the marriage ... unless
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.
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