Husband's Infidelity: Can the Wife Receive a Larger Share of Assets in a Divorce?

Hello Editorial Board,Due to my husband's infidelity, we can no longer live together. Currently, we are undergoing a divorce and there is a dispute over the division of joint property. May I ask if I will receive a greater share of the property due to my husband's infidelity? Thank you!

Pursuant to Clause 2, Article 59 of the Law on Marriage and Family 2014, the common property of husband and wife is divided equally, taking into account the following factors:

- The circumstances of the family and of the husband and wife;

- The contribution of the husband and wife to the creation, maintenance, and development of the common property. The labor performed by the husband and wife in the family is considered as income-generating labor;

- Protecting the legitimate interests of each party in production, business, and occupation so that each party has the conditions to continue to work and create income;

- The fault of each party in violating the rights and obligations of the husband and wife.

=> According to this regulation, in principle, the common property of husband and wife will be divided equally, but consideration will be given to the four factors mentioned above.

In your case, your husband's infidelity is considered a violation of the rights and obligations of the husband and wife. Therefore, when dividing the common property of husband and wife, the Court will consider this fault factor. As a result, you may be entitled to a larger share of the property if you have specific evidence proving your husband's infidelity.

Respectfully!

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