If you’re seeking or in the process of divorce, here’s how to know if cheating affects alimony in California.
While some states have either only fault-based or no-fault grounds for divorce, many states have a combination of both. California is a pure “no-fault” divorce state, meaning a court cannot consider marital fault when dividing property rights or awarding damages due to infidelity.
What is a no-fault divorce?
California is a no-fault divorce state, meaning a spouse does not have to prove a partner’s wrongdoing when seeking a divorce. California does not require both parties to agree to end a marriage. No-fault divorce states offer a more modern approach to family law that speeds up courtroom proceedings. In California, a marriage can be terminated on one of two grounds:
- a spouse suffers from incurable insanity, OR
- irreconcilable differences: fundamental disagreements incapable of saving the marriage.
Simply citing ‘irreconcilable differences’ without explanation is enough to begin California divorce proceedings.
California’s Rulings on Spousal Support
California is a special case for spousal support (alimony) rules. California Family Code §4300 allows courts the ability to grant temporary alimony before a divorce is finalized. Alimony awards can change during, upon finalizing, or after the divorce. A spouse who waives their right to spousal support cannot seek alimony in future legal proceedings. In California, judges award alimony in different ways:
- conclude insufficient evidence for and deny alimony
- award alimony for a just and reasonable amount fit to the case
- award alimony according to the length of the marriage
- short marriages likely warrant less alimony for a shorter time, while
- long marriages can warrant more considerable amounts of alimony for longer
Different from fault-based states, adultery cannot be cited as grounds for divorce. Because California does not criminalize “cheating,” divorce papers cannot include fault for wrongful marital conduct. Though the martial fault is not considered in divorce proceedings, California courts may consider a spouse’s unfaithfulness when deciding other aspects of the divorce.
Related: Alimony vs. Spousal Support in California: The Difference
When is Alimony Affected by Cheating?
Though alimony in California cannot be awarded for infidelity, if one spouse uses money from a marital estate to cheat, a judge can require half of the amount spent on cheating to be repaid. Cheating does not change a spouse’s ability to receive alimony in California, regardless of whether the affair was a singular event or long-term.
Fault states include: Alabama, Alaska, Arizona, Arkansas, Connecticut, Delaware, Georgia, Maryland, New Jersey, North Carolina, South Carolina, Vermont, Virginia.
The no-fault states include: California, Colorado, Florida, Hawaii, Indiana, Iowa, Kansas, Kentucky, Michigan, Minnesota, Missouri, Montana, Nebraska, Nevada, Oregon, Washington, Wisconsin.
Related: Difference Between Alimony and Spousal Support CA
Frequently Asked Questions about Cheating in Divorce Settlements in California
What is the difference between a no-fault divorce and a fault-based divorce?
The difference between a fault-based and no-fault divorce is the grounds for divorce. In a fault divorce, one spouse claims the other is responsible for ruining the marriage.
Does it matter who files the divorce first in California?
California courts do not give preference to who files for divorce first. The receiving party is not disadvantaged.
Do California courts consider marital affairs when making alimony decisions?
In California, a spouse who cheats isn’t forced to pay alimony due to infidelity. However, if money from a joint account is spent to further one spouse’s cheating, one-half of the amount spent may be rewarded as restitution.
How do I get a no-fault divorce?
One partner or spouse has to say that the couple cannot get along. Divorce in California does not require consent from both spouses.
Is alimony for life in California?
California judges may revisit alimony rulings for longer marriages. The “Ten Year Rule,” which guarantees alimony for life, does not exist in California.
Related: How Long Does Alimony Last in California
If I was cheated on and I am the higher-income spouse, do I have to pay alimony?
Cheating does not affect spousal support in California. With limited exceptions, adultery is not considered when splitting a marital estate.
How does cheating affect a person’s parental capabilities during child custody?
Infidelity does not factor into determining parental capabilities during child custody proceedings. However, if the spouse’s cheating adversely affected a child, a judge can deem the relationship dangerous and adjust the adulterous spouse’s custody engagements with a child.
What is the average amount of alimony in California?
California generally allocates 35-40% of the “payor” spouse’s income, minus 40-50% of the “payee” spouse’s income, but varies among counties.
How is alimony determined in California?
Paying spousal support is presumably 40% of the payor spouse’s monthly income, minus one-half of the supported spouse’s monthly net income.
How Can Her Lawyer Help With My Alimony Rights?
Divorce is a tricky subject and there may be exceptions to these rules. Though California is not allowed to discriminate on the basis of sex for any divorce, human and natural bias may still play a role. It’s important to hire a lawyer who knows a judge’s tendencies before litigation. Our experienced divorce attorneys can help review individual legal circumstances and explain the possible damages you may be entitled to.
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If you or a loved one wants to know more about if cheating affects alimony in California, get your free consultation with one of our divorce attorneys today!