My spouse abused me emotionally, so I get more money in divorce now, right?
Strongly believing or feeling that “I deserve” an unequal division of the marital estate does not mean that you do legally deserve any such thing or that the court will agree with you. That is not how divorce law works. There are exceptions to this rule, but they are very rare.
You need to understand first that courts generally do not divide and distribute the marital estate (“marital estate” is the term for the property and assets acquired during the marriage) to reward or to punish a spouse.
The presumption is that the marital estate will be divided equally, unless there is some extenuating, exceptional circumstance that would warrant an unequal division and distribution (such as showing that one spouse inexcusably diminished the value of the estate and/or dissipated marital assets during the marriage to the detriment of the other spouse).
Rarely, if ever, is an unequal division of the marital estate made merely because the other spouse was physically or emotionally abusive or engaged in “unethical behavior.” If the court does make an unequal division of the marital estate based upon physically or emotionally abuse and/or unethical behavior, such misconduct would usually need to be 1) first, shown to be severe or chronic and 2) second shown to warrant/justify an unequal distribution of the marital estate property.
Meet and talk with a knowledgeable attorney to find out what the specific law is on this subject in your jurisdiction to find out what the law is where your divorce action is or will be filed.
Utah Family Law, LC | divorceutah.com | 801-466-9277