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Can I sue the individual my spouse committed adultery with

 
Thoreau (T-USA)'s Avatar
  • Answered by:Thoreau (T-USA)
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Customer Question

Can I sue the individual my spouse committed adultery with for any money used on the relationship for their benefit that affected our household finances?

 

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State/Country relating to question: Arizona

Submitted: 1129 days and 10 hours ago.
Category: Family Law
Value: $28
Status: CLOSED

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Expert:  Thoreau (T-USA) replied 1129 days and 10 hours ago.


The tort related to adultery is called Alienation of Affection. Unfortunately, very few states recognize that tort in modern times. To my knowledge, the following states still recognize alienation of affection claims: Hawaii, Illinois, North Carolina, New Hampshire, Mississippi, New Mexico, South Dakota, and Utah. As you can see, Arizona is not such a state and would not recognize such a tort.

However, if you are divorcing, your spouse's dissipation of marital assets in perpetration of the adultery may typically be considered by the court in distributing marital assets. In other words, the distribution can typically account for such a dissipation and the dissipating spouse's share can be reduced by that amount.

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T

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Expert TypeLawyer
Category: Family Law
Pos. Feedback: 98.9 %
Accepts: 2634
Answered: 3/23/2010

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Customer replied 1129 days and 9 hours ago.

am i entitled to any profits made from a business that my spouse helped start with the individual he is still committing adultery with if the business is in her name?

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Expert:  Thoreau (T-USA) replied 1129 days and 9 hours ago.


If you're still married, his earnings or share of that business acquired during the marriage should constitute Community Property subject to distribution in the divorce. A good overview of Arizona's asset distribution laws is located at the following link.
http://www.divorcesupport.com/divorce/Arizona-Property-Division-Factors-424.html

Please remember to click accept so that I will receive credit for my time and effort spent responding to your question. Bonuses are always greatly appreciated. Clicking accept does
not close the question and you are still welcome to ask follow-up questions if you need clarification.

Sincerely,
T

_____________________________________


Please click the green
Accept Button and leave Positive Feedback so that I receive credit for answering your question. Bonuses are always greatly appreciated. I do not receive any payment at all from JustAnswer unless you click accept.

Please remember: Feedback is left for me as an answerer. Please do not shoot the messenger. My control over the content of the answer is limited by the restraint of truth.


_____________________________________


Disclaimer: By engaging in this correspondence, you agree to and understand the following:
No attorney-client relationship is formed through this correspondence. The following information provided for educational purposes only and is not legal advice/legal services. Correspondence through JustAnswer is visible to the public.Customeris not familiar with your situation and could not possibly provide legal advice/legal services through JustAnswer. Customerdoes not claim to be licensed to practice law in the state for which this information is provided. The information provided in this correspondence cannot and should not be relied on for legal purposes.
If you need legal advice/services you should seek a local attorney as soon as possible. You can find a local attorney at
http://www.lawyers.com or http://www.martindale.com.



 
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