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If my spouse cheated, are assets still split evenly in divorce?

Many divorces in Missouri are caused in part by infidelity. However, even if adultery is the reason for your divorce, it does not necessarily mean a judge will take it into consideration when approving your divorce settlement. 

Missouri is a no-fault divorce state, meaning that a couple living in Boone County can file for divorce for any reason. You may have heard the term "irreconcilable differences." Today, most divorcing couples list "irreconcilable differences" as the cause of their divorce.

Before no-fault divorce became accepted in every state, a couple was required to list a reason for their divorce, such as adultery or abandonment, and provide proof that it occurred. Today, however, most states -- including Missouri -- do not even allow fault divorce.

Because divorce in Missouri is no longer about placing blame, adultery will likely have little to no impact on your property division agreement. In fact, adultery is not listed among the main factors to be considered in asset division according to Missouri divorce statutes. However, if the infidelity somehow impacted your marital property, it could play a role in your property division settlement. For example, if your spouse used your joint bank account to support his or her affair -- like buying gifts or trips -- it could lead to a more favorable settlement for you. 

Although this information is not to be used as legal advice, we do hope it helps you better understand the role of infidelity in divorce. Because every divorce case is different, however, the best way to know for sure if and how infidelity will impact your divorce is to speak with an experienced divorce attorney. To learn more about how property division works in Missouri, visit the Property Division page of our website.

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