Adultery in California - Does Cheating Affect Alimony?

Despite the maturity and growth of most adults, adultery is still relatively common in marriages for many reasons. Unfortunately, no one can dispute the fact that cheating often breaks marriages. The spouse who was cheated on often believes that he or she can no longer trust his or her life partner. This often results in couples seeking divorce in court.

As many spouses know, cheating often has consequences. Aside from the effect of cheating on the marriage itself, cheating may affect the divorce process and any alimony awards received by the spouses. Each state varies on how exactly adultery will affect an alimony award, and so this article is intended to clarify that issue for the state of California.

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The Nature of Divorce in California

Before discussing whether adultery or cheating would affect an award of alimony or spousal support, the nature of divorce in California must be examined.California is a no-fault divorce state.This means that no instance of marital misconduct such as cheating will affect a California court’s divorce judgment one way or another. To award a divorce, the spouses need only demonstrate that the marriage has broken down and cannot be saved.

About California Alimony Rules

Alimony is known as spousal support in California. When California courts are asked by either of the spouses to award spousal support, the key factor they consider is“equity” (fairness).

California courts can consider many factors in determining the amount, duration, and form of spousal support awards. The most important factors for making are:

• The spouses’ individual earning capacities;
• The standard of living during the marriage;
• The ability of either spouse to pay support;
• The obligations and financial assets of the spouses after divorce;
• The age and health of the parties; and
• Whether any hardships of either spouse should affect the award.

The Effect of Adultery and Other For-Cause Grounds for Divorce on Alimony

When California became a no-fault divorce state, the consideration of fault in the award of spousal support was eliminated. Therefore, the adultery of either spouse does not affect the divorce process, and cheating cannot be used to justify either an increase or decrease in spousal support.

The Verdict:

Because California is strictly a no-fault divorce state, one spouses’ infidelity does not entitle the other spouse to any extra spousal support during the divorce process.

If your spouse has been cheating on you and you plan to sue for divorce, you should consider contacting a local divorce attorney for assistance. Divorces involving adultery claims tend to be very messy lawsuits and will be very difficult to litigate on your own. Your rights can be best protected by proactively protecting your ability to succeed in your divorce litigation.

Note: This article is not legal advice. Please consult a lawyer for your specific situation.

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