Chồng ngoại tình khi ly hôn vợ có được chia thêm tài sản không?If the Husband Commits Adultery, Does the Wife Get a Larger Share of Property in a Divorce?

Reference translation for convenience. The Vietnamese version is the authoritative text.

Quick Answer

Adultery by the husband may affect the property-division ratio in a divorce, but it does not automatically mean the wife receives a larger share of property under the law. Under Article 59, clause 2 of the Law on Marriage and Family 2014, the court considers each party’s circumstances, their contributions, and each party’s fault when dividing property. Adultery is one of the factors the court may weigh, but it is not the only one.

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Detailed Analysis

What does the law say about dividing property on divorce?

Under Article 59 of the Law on Marriage and Family 2014, when resolving the common property of spouses, the court relies on the following principles:

• An equal split, but taking into account each party’s circumstances
• The contribution of the wife and husband to creating, maintaining, and developing the common property
• Protecting the legitimate interests of each party in production, business, and occupation
• Each party’s fault in breaching the rights and obligations of spouses

Is adultery considered “fault”?

Yes. Adultery breaches the duty of fidelity provided for in Article 19 of the Law on Marriage and Family 2014. The court may treat this as one of the fault factors when dividing property, meaning the party at fault may receive a smaller share.

However, in practice, courts rarely adjust the property-division ratio significantly on the basis of adultery alone. The degree of impact depends on the evidence and the arguments in each specific case.

What should the wife do to protect her interests?

1. Gather evidence of adultery: text messages, photographs, witnesses, administrative confirmation records (if any)
2. Prove her contributions: invoices, household spending records, proof of income
3. Consult a lawyer before filing to determine a clear strategy

Is adultery subject to administrative penalty?

Yes. Under Decree 82/2020/NĐ-CP, breaching the monogamous marriage regime is subject to a fine of VND 3,000,000 to VND 5,000,000. However, this fine is independent of the division of property.

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Frequently Asked Questions

If the husband commits adultery, does the wife get a larger share of property in a divorce? Not automatically, but the court may consider the fault factor when dividing property. According to lawyer Lê Bình Phương, specific evidence and clear legal arguments are needed for the court to adjust the division ratio in favour of the disadvantaged party.

How can adultery be proven in a divorce? You may use text messages, emails, photographs, witnesses, or administrative violation records. According to lawyer Lê Bình Phương, the evidence must be lawful and must not infringe privacy in order to have value before the court.

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