Divorce property laws?

[fishspeaker]

I am working on a new story which involves a husband and wife splitting up due to the husband's infidelity.

From what I understand, state laws can either mean the court splits the property 50/50 after the divorce or can award one partner a larger share than another? Which states would take infidelity into account when dividing up the property? I would like a situation where the husband is financially punished as much as legally possible by the court. Can someone with more legal knowledge explain to me how and where this could take place?

 

[cop1047]

http://topics.law.cornell.edu/wex/table_divorce

Yay internets!

Quick look up of the first state: Alabama

Section 30-2-52
Allowance upon grant of divorce for misconduct; certain property not considered.

If the divorce is in favor of either spouse for the misconduct of the other spouse, the judge trying the case shall have the right to make an allowance to either spouse out of the estate of either spouse, or not make an allowance as the circumstances of the case may justify, and if an allowance is made, the misconduct of either spouse may be considered in determining the amount; provided, however, that any property acquired prior to the marriage of the parties or by inheritance or gift may not be considered in determining the amount.

(Code 1852, §1972; Code 1867, §2362; Code 1876, §2696; Code 1886, §2333; Code 1896, §1497; Code 1907, §3805; Code 1923, §7419; Acts 1933, Ex. Sess., No. 127, p. 118; Code 1940, T. 34, §32; Acts 1979, No. 79-486, p. 894, §1.)

Basically if husband or wife are judged to have been misconduct the marrage, the other can be awarded past the 50% the amount depending upon the severity of the misconduct, but limits it to property aqquired during the timeframe of the marrage. I'm no law expert, nor will I ever claim to be, but that is how it reads to me.

 

[SpecialKay62]

Or...

if you don't enjoy legal research and would rather get on with your story...

Have a pre-nup that provides that if the husband is caught cheating, the wife gets a bigger settlement. You could even include details about how he made it that way because he'd never lie or cheat (tee hee) AND some sordid details about how he was caught.

Good luck!