California is a no-fault divorce state, but legal ramifications still exist for adultery. Here’s how cheating affects divorce in California.
Adultery is typically not recognized or brought up in court, with very few exceptions in regard to child custody, property division, and alimony. Although cheating may be the emotional cause of divorce, California courts only need to recognize a marriage as irreconcilable in order to process the divorce. The judge is not there to punish the spouse, but to aid the process of divorce. Infidelity usually is irrelevant in divorce proceedings unless it significantly affected the marriage.
Reasons for Divorce, Is Cheating One?
There are two grounds for a divorce in the state of California: permanent legal incapacity to make decisions or irreconcilable differences. California is a no-fault state, meaning adultery cannot serve as grounds for divorce; the reason for divorce does not need specification in court. In a fault-based state, a reason like an infidelity would be a factor in the divorce proceedings.
California Is a No-Fault State
A no-fault state means that any kind of fault, like adultery, is not considered when granting a divorce. Divorce proceedings do not concern spousal blame, but rather the marriage failure in general. California was the first state to implement the no-fault divorce. With very few exceptions, the spouse who cheated cannot “pay” for their adultery in a no-fault state like California.
Related: California No-Fault Divorce: What You Need to Know
What Cheating Means for Child Custody
Child custody can be one of the trickier aspects of divorce to resolve. The court must do what is best for the child. Cheating has very little to do with the decision the court makes about custody. If a parent is unable to provide a healthy home for a child due to the situation of infidelity, then the court would consider adultery in determining custody terms. A parent may be deemed unfit for custody if he or she engages in inappropriate (specifically adulterous) behavior with their partner in front of the child. It is rare for adultery to affect a custody decision. The court will favor the spouse who upholds the best interest of the child. Custody courts determine custody based on how each parent can uphold the child’s best interest, rather than punish spouses for marital wrongdoing.
How Cheating Affects Division of Property in California
California is a community property state, meaning property acquired during the marriage is equally owned by both spouses. Cheating rarely affects the division of property in a divorce. But again, adultery may significantly affect the division of property. For example, a spouse that spent marital funds on their affair is to provide compensation of half of the amount to their spouse.
Evidence of money spent (for example, hotel rooms, dates, or any other money spent on the affair) such as receipts or bills can help a spouse recover community property spent on their spouse’s affairs. Community property guidelines aim for spouses to maintain their marital standard of living after divorce.
How Cheating Affects Alimony
Alimony, also referred to as spousal support, is financial support awarded to uphold a lower-income spouse’s marital standard of living after divorce.
Related: Alimony vs. Spousal Support: The Difference
Without alimony, the lower-income spouse’s standard of living may not be upheld. Spousal support aims for both spouses to maintain the same lifestyle as before and with no unequal power dynamics within the divorce. Alimony may be granted during divorce proceedings as well. Cheating would not affect alimony amount or duration. Alimony is not a punishment to the adulterous spouse. The court is not there to correct the ethical wrongdoings of the adulterer.
Many other factors may determine alimony. A California judge may award less alimony if the poorer spouse has a new partner who provides financial support. Alimony may not even be considered in a divorce if both spouses are financially independent.
FAQs about Cheating and Divorce in California
Will the adulterer have to compensate their spouse in a California divorce?
No, adultery is not illegal in California and no compensation will be given to the spouse. Adultery may be brought up in California divorce court if the affair had a significant effect on the children, property, or alimony. Alimony is typically given to the lower-income spouse to maintain the marital standard of living.
Can a divorce be blamed on a spouse in court?
No, California is a no-fault state where no reason is necessary for divorce. The two grounds on which a divorce would occur would be irreconcilable differences or instability of a spouse. The court is not there to punish or blame spouses but to aid in the process of divorce. Other states, in the past, took blame into account. California was the first state to allow divorce without spouses needing to explain why their marriage broke down.
What if my spouse spent money on their affair?
If proper evidence is given, the spouse that spent community property on their affair must provide half of what was spent. Community property is recognized as both partners’ property. California ensures the equality of partners and their assets with this law. While it is hard to prove the money was spent on the affair, it is possible to provide a case to receive compensation.
Can a spouse file for divorce if they cheat?
Yes, infidelity is a top reason for divorce, and many times the spouse who strayed wants the divorce. There is no punishment for adultery under California law and will not be a part of the divorce proceedings (unless adultery had a significant impact on children, property, or spousal support).
What if my spouse wants alimony but they cheated?
Depending on their circumstances, alimony may need to be provided. If they have a new partner, that would be taken into consideration regarding the financial support they have. If they are still the poorer spouse and would need help to maintain their lifestyle, alimony likely would have to be provided.
Related: Does Cheating Affect Alimony in California?
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