It most certainly can, but it must be proven. What is the fault? Usually where a fault would play a role is, where you would be able to show that one spouse fraudulently engaged in some kind of course of conduct that just dissipated marital assets without your knowledge. That’s a difficult way to go in terms of a truce, but fault can play a role in the division of marital property.
Rosalyn Charles is a family lawyer practicing in Newark, New Jersey.