Marital funds are just that – funds and assets earned and shared by the parties of the marriage. They’re typically used to make mortgage, tuition, or cay payments, as well as food, clothing, and other essentials. Marital funds are not meant to be used to fund your adulterous affair.

In a Recent Virginia Case, Husband Used Marital Assets to Fund Relationship

In a recent divorce proceeding, the Court discovered that a husband had used an excessive amount of marital assets to pay for his girlfriend’s desires. He even spent $2,700 on a birthday dinner for his girlfriend’s mother. The Court found that all of his unnecessary spending of marital funds on his girlfriend was a waste of the marital assets, and he was ordered to pay a hefty amount back to his ex-wife.

Husband Paid for Numerous International Trips

The wife offered evidence that her now ex-husband had used marital assets to fund his time with his girlfriend. The husband paid for multiple international trips with his girlfriend and her mother, including a trip to Malaysia, the Dominican Republic, and Israel. He also paid for approximately 15 other trips with his girlfriend, both for business and pleasure. 

The End Result 

The court awarded the wife $45,739, the marital home, and half of the husband’s retirement funds. The husband also had to pay monthly spousal support to his ex-wife. 

In summary, do not spend marital funds on your significant other (that is not your spouse) during a divorce proceeding. To many judges in Virginia, this may reflect poorly on yourself and your position in the divorce proceeding.

The attorneys at Smith Strong, PLC have experience in defending against those who have been accused of spending marital funds on a significant other, as well as experience in representing those who have received less marital funds than they should have as a result of their ex-spouse spending money on their significant other.


Special thanks to co-author and fellow researcher, Hayden-Anne Breedlove for her contribution with this article. Hayden-Anne Breedlove anticipates graduating from the University of Richmond School of Law in May of 2019.


H. Van Smith
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