Wisconsin is a no-fault divorce state. Therefore, judges rarely will hear evidence of an unfaithful spouse. It can be relevant in one sense, however: if the unfaithful spouse spent significant amounts of money on the affair. Payments for trips, hotel rooms, or expensive gifts are evidence that the adulterous spouse “wasted” marital funds for a non-marital purpose. Wisconsin law permits the judge to reimburse one spouse for funds “wasted” by the other in this way. It is important to create a clear paper trail and document the improper use of funds. This will ensure that the issue is handled as a financial matter, not as a means to personally punish the other spouse. I am happy to consult with you if you are concerned about wasted funds. Contact me at david@kh-law.net for your free family law consulation.
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