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Divorce

gifts to paramours

A paramour is a person who is a love or romantic interest of a married person who is engaging in adultery with the paramour. Spouses engaged in adulterous affairs with paramours sometimes give gifts to their paramours, and often spend marital or community property on such gifts. The non-cheating spouse may pursue a reimbursement claim and ask the court to order the spouse who spent marital assets on a paramour to reimburse the marital or community estate—by returning the gift if it retains its value (jewelry) or replacing the funds with the cheating spouse’s separate property funds.

In Maine, adultery can be considered when determining the division of marital property in a divorce. Maine is an 'equitable distribution' state, which means that marital property is divided in a manner that the court deems fair, though not necessarily equal. If a spouse has spent marital assets on a paramour, the non-cheating spouse may raise this issue during the divorce proceedings. The court may consider this expenditure as a factor in the division of assets and may order the cheating spouse to reimburse the marital estate. This could involve returning the gifted item if it retains value, such as jewelry, or compensating the marital estate with separate funds. However, the specifics of how the court handles such situations can vary on a case-by-case basis, and it is advisable to consult with an attorney for guidance tailored to the individual circumstances of the case.

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Divorce

gifts to paramours

Individual & Family Legal Plan

Articles

Maine State Code

Maine State Code

Divorce

gifts to paramours

Articles