No-fault doesn’t mean no consequences: how bad behavior matters in D.C. and Maryland divorces

Many people often assume that because D.C. and Maryland are “no-fault” divorce jurisdictions, a spouse’s conduct during the marriage isn’t relevant. That’s not true. Even in no-fault divorces, conduct during the marriage, such as infidelity, financial misconduct or abuse, can still influence the outcome of your divorce case. Let’s explore how.

What is a no-fault divorce?

D.C. and Maryland both follow a “no-fault” divorce model. This simply means that the law allows either spouse to end the marriage without proving wrongdoing by the other. 

• In Maryland, the law allows for a divorce based on irreconcilable differences, six months of separation or mutual consent
• In D.C., a divorce may be granted on the ground that either or both spouses no longer wish to remain married

Before no-fault divorce laws, courts couldn’t divorce a married couple unless one of the spouses alleged, and then proved, that the other spouse’s behavior was responsible for the breakdown of the marriage due to abandonment, adultery or cruelty, to name a few factors. 

The goal of shifting to no-fault laws was to simplify the divorce process and, in theory, reduce conflict and avoid long waits to file for divorce (especially in circumstances of physical abuse). However, while the legal grounds for divorce in many jurisdictions no longer require proving fault, judges still have broad discretion to evaluate conduct during the marriage and how it has impacted the “innocent” spouse — particularly when dividing property, awarding alimony and determining custody.

How can negative behavior impact a divorce?

Property/asset division

D.C. and Maryland are equitable distribution jurisdictions, meaning that when spouses divorce, the court will equitably (fairly, but not always equally) divide property acquired during the marriage based on numerous factors, including reasons for the breakdown of the marriage and each spouse’s contributions to the acquisition or dissipation of marital property. 

In practice, this means judges may consider facts such as:

• Wasting or dissipating marital assets
• Hiding money
• Running up debt irresponsibly 
• Failing to contribute to the accumulation of assets, either financially or nonfinancially

For example, if a spouse spent money on an extramarital affair or gambled away marital funds, a judge would have discretion to award the other spouse a larger share of the marital estate to offset the loss as a result of the nefarious dissipation of assets or income from the marriage.   

Alimony/spousal support

Misconduct can also affect whether a spouse receives alimony, how much they receive and for how long. Although courts can’t grant or deny spousal support solely based on moral judgments, misconduct that has financially harmed the other spouse or damaged their ability to earn a living can, and most often will, influence the outcome.

Child custody

When children are involved, courts prioritize the best interests of the child. Any bad behavior that has or could impact the child’s well-being, for example, a history of physical, emotional, or substance abuse during the marriage, is considered when determining custody arrangements, along with a host of other factors.

Emotional and psychological impact

While not a legal factor per se, negative behavior can prolong the divorce process. A spouse who feels deeply negatively impacted by a spouse’s conduct during the marriage may be less willing to compromise, which can lead to drawn-out litigation. This can result in higher legal fees, emotional strain and additional court time.

What does this mean for your MD or D.C. divorce case?

No-fault divorce laws were designed to make ending a marriage less adversarial, but that doesn’t mean behavior during the marriage isn’t relevant. Courts can, and often do, take misconduct into account when dividing property, awarding alimony and determining custody. 

If you’re considering divorce in Maryland or the District of Columbia, consult an experienced family law attorney who can help you understand how your and your spouse’s actions might affect your case. Knowing your rights — and how the law applies — can help you protect your interests and move forward with confidence.

For support navigating a divorce matter in Maryland or Washington, D.C., book a consultation with Jonathan Dana, Olivia Scott or another member of our family law team, or call Tucker Family Law at 202-936-3636.