However as it currently stands if the spouse that isn't the bread winner is a cheater they can still take half of the stuff the other spouse earned on their own if they get divorced.
Hahah dude. You're so idealistic, it's cute.
The problem is... Divorces are not adjudged by a Godlike figure with magically complete knowledge of absolutely everything in the two spouses' lives.
Divorces are moderated by a judge, who is only modestly paid, is overworked, has an overloaded court docket, is fucking sick and tired of animosity in her/his courtroom, and has NO knowledge of the two parties WHATSOEVER... except what the lawyers put out there.
You starting to see the problem now?
The biggest problem with "fault" isn't morals. The biggest probelm is purely practical.
The crux of the "fault" issue would rely on WHAT COULD BE *PROVED* IN A COURTROOM.
I mean... Think about how hard it is to PROVE cheating, to any sort of legal standard.
Tbh, the actual cheating itself would probably be about 10% of it. What IS cheating, anyway? Sex, right? Right. So how the fuck do you PROVE that two people are fucking, and not just having a friendship?
The other 90% would be a combination of...
...30% being stupid enough to actually get caught
...30% being stupid enough to leave concrete EVIDENCE (sex tapes, explicit messages *that the other spouse will see*... etc)
...30% not having a slick enough lawyer.
Also... Lol dude.
If someone is going to cheat *and* file a divorce... That same someone is DEFINITELY going to be resourceful enough to try to FRAME the other spouse!
Basically, whoever sees the divorce coming *first* is going to start gathering a whole bunch of dirt on the other person. Enough to LOOK like "neglect", or enough to LOOK like infidelity is happening, or, hell, even enough to look like child abuse (if they know they'll need to play a card that outweighs their own cheating).
You want a system that actually has just about nothing to do with cheating... and that REWARDS the BEST cheaters/liars/concealers of misconduct (and their lawyers)? Yeah, you do you boo.
Although it is a good idea it is quite impractical.
Even prenups are thrown out the wind in most cases.
In this day and age the only thing a man can do to protect his assets and balls is to not get married.
I think a good and honest woman would understand.
Ps if your SO or wife is having a baby make sure to get a paternity test. That way you won't end up raising someone else's kid
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