NM: Bigamist Does Not Automatically Lose Out in Property Division

Since bigamy is a crime, one might be tempted to conclude that a bigamist should lose out in the division of property from his or her prior, valid marriage.

But that’s not necessarily so.

Many states, like Florida, have shifted to no-fault divorce schemes.

Under such schemes, bigamy may be viewed as an example of non-economic fault, which should not normally be considered in a divorce.

And so the New Mexico Court of Appeals reasoned when it recently held that mere bigamy is no reason to deviate from New Mexico’s community property scheme requiring a 50/50 split of marital property.

Read more in this KGWN TV news article.