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Infidelity and divorce: How will the assets be divided?

Posted by Scott Mitchell | Oct 22, 2012 | 0 Comments

The collapse of Ashton Kutcher's marriage with Demi Moore has been widely publicized, but divorce experts are beginning to speculate the former couple's plans as the inevitable divorce draws nearer. Kutcher's decision to put a $12 million property up for sale that Moore gave to him in an apparent private divorce settlement in March drew speculation as to why Moore was forfeiting a property that would likely be awarded to her in any divorce proceedings.

It is important to note that California does not determine asset division based on who's at fault. Even if Kutcher is at fault for the divorce because of his infidelity, he will likely receive equal assets. Kutcher moved to New York after the separation, where divorces are granted with tightly closed papers. Divorce experts suspect that he may be preparing to argue irreconcilable differences in New York due to Moore's alleged drug use and supposed bizarre behavior.

California operates as a community property state, which means that all marital property is divided equally between the two individuals upon divorce. The court tries for equitable division of all of the assets and property obtained during the marriage until separation. These assets can include items such as bank accounts, retirement accounts, homes, business assets, cars, items with sentimental value and debt.

Non-marital property that was acquired before or after the marriage is not included in property division. When filing for divorce, it is important to hire a divorce attorney who can help you navigate simple property division as well as complex property division so that proper complex valuation is ensured. Proper complex valuation ensures that both parties receive equitable division of marital property.

Source: The Huffington Post, "Demi Moore, Ashton Kutcher: Money Is Slowing Down Divorce Proceedings," Oct. 22, 2012

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Scott Mitchell

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