There can be equitable adjustments based on financial misconduct by one party, but how much discretion does the judge have in dividing up the assets?
The court will divide all the assets and will look at any financial misconduct either spouse may have committed during the marriage. For example, did your spouse buying Rolex watches for someone other than you? Was your spouse taking trips surreptitiously? We take a look at the money trail, and if the spouse, during affairs or was gambling, or spending money that was marital money to engage in these affairs, then for every dollar she spent, that’s financial misconduct, and we get fifty cents back.