How Cheating Affects a California Divorce

Divorce can be difficult, and that’s especially true when you’ve decided to divorce after catching your spouse cheating. However, while you may be ready to throw the book at them and vow to take them for everything they are worth, California law has a different idea in mind. While as a divorcing spouse, you are certainly entitled to alimony and child support payments if applicable, the fact that your former partner cheated may not necessarily entitle you to more. An experienced Irvine divorce attorney can help you determine what you want out of your divorce and fight to get it. 

Understanding Divorce in California

To divorce in California, you will have to acknowledge that there is a legal reason for doing so. These reasons include either that 1) your spouse has incurable insanity, or 2) there are irreconcilable differences. Such differences would amount to disagreements with no resolution, and California law does not assign blame to one party or the other. Crucially, this explains why cheating on your spouse doesn’t necessarily amount to one party having more ‘fault’ than the other, which is why arguing for more money because your spouse cheated isn’t always a successful approach.

Is Adultery a Criminal Act?

In California, adultery is not illegal, and the state does not consider it a criminal act. While that’s not the case in some other states, it is in California, which will generally mean that the act of adultery will not itself affect the divorce process. In fact, most courts won’t even consider evidence of an affair during the divorce proceedings because they do not feel it is relevant or has any bearing on how they will decide who gets what in the divorce. The only thing that the judge is concerned with is that the marriage failed. 

Arguing for More Spousal Support

Knowing that cheating won’t be considered as part of your divorce, you will have to show the court that there’s an actual need in order to obtain the amount of alimony you want. One way to do so may be to argue that you had never planned for a divorce but feel compelled to get one after your spouse’s indiscretions. If you can show that you did not prepare for a future in which your spouse was not supporting you, this argument may prove to be effective. For example, if you can show that you put your career on the back burner to care for your children and family or that you are accustomed to a certain lifestyle, then a judge may decide that more spousal support will be needed in your case. 

Crucially, hiring the right Irvine divorce attorney will be critical to your success. You’re going to want a strong litigator on your side who understands exactly what a judge would like to hear.

Hire an Irvine Divorce Attorney Today

If your spouse has cheated and you don’t think you can settle your differences, the best approach is to contact an Irvine divorce attorney immediately. They can help you get what you deserve. Contact our offices today.

Frequently Asked Questions

Does adultery affect the division of property in California?

No. California is a no-fault state and the community estate is divided equally regardless of either spouse’s conduct. A court does not award a larger share to the spouse who was wronged. Where infidelity can become financially relevant is indirectly: community funds spent on an affair may support a claim for reimbursement or breach of the fiduciary duty spouses owe each other in managing community property, because the expenditure did not benefit the community.

Does infidelity affect spousal support?

Not as a matter of fault. The statutory factors governing long-term support concern earning capacity, the marital standard of living, duration of the marriage, ability to pay, and similar considerations, and adultery is not among them. The one conduct-related factor is documented domestic violence, which is distinct. A court will not increase support to punish infidelity or reduce it because the recipient was unfaithful.

Does an affair affect custody?

Only to the extent it affects the children. Custody is decided on the child’s best interest, and a parent’s romantic conduct is not itself a factor. It becomes relevant where it bears on parenting: exposing children to instability or to a series of new partners, a new partner who presents a genuine safety concern, or an affair that consumed a parent’s attention and availability. Courts are attentive to the difference between conduct that harmed the marriage and conduct that affects the children.

Is money spent on an affair recoverable?

Sometimes, through a claim rather than as a penalty. Spouses owe each other a fiduciary duty in the management of community property, so community funds spent for a purpose that did not benefit the community can support a reimbursement claim. Whether the claim is worth pursuing depends on the amount, the documentation, and the cost of proving it, since establishing the expenditures requires a forensic reconstruction of accounts. Modest spending is rarely worth litigating; substantial and traceable diversion frequently is.