I think the big problem is how the court system could ever prove who the WAS is. I do however think there should be some legal consequences in every state for infidelity. But that too could be difficult to prove.
That's what judges and lawyers are paid for. If they can't prove or disprove why should the innocent get punished to the tune of half of all their assets and more? If people can't easily get a D without mutual consent then there better be solid proof or remedy. In your case and mine proof was a slam dunk.
