Is My Wife Entitled to Half of Our Marital Assets If We Divorce?


Note: The DearEsq free 'ask a lawyer' site is offered as a free informational service to the public and is not intended as legal advice. Laws vary from state-to-state, and in addition every situation is unique, and relevant facts may not be known. The answer to the question posed below may not apply to in your state or to your situation. For legal advice in your state and your situation you should consult with an attorney in your state who is familiar with the rules and laws in your state.

My wife left me for someone else after 24 years together. I raised my 2 kids and sent them through college. What right does she have to be entitled to half of everything I own while she’s seeing another man out in public? Isn’t that called adultery? And furthermore I feel she abandoned me for him.

You’re right. That is called adultery. It sounds like you may be heading towards divorce. If that is the case, then depending on your state law, your wife may be entitled to half of the community estate (this consist of assets and debts accumulated throughout the marriage). Now, certain states have laws that “punish” parties for infidelity. The court will not necessarily divide the community property 50/50 if one spouse’s infidelity led to the dissolution of marriage. You should contact a local divorce attorney to find out what grounds for divorce you may have (if that is something you are seeking) and the marital property that will potentially be divided between you and your wife.