Divorce is already difficult, but if your spouse cheated, it can feel even more devastating. You might expect the legal system to hold them accountable, and it seems completely unfair that it doesn’t—but that’s the law. In California, infidelity generally doesn’t impact the outcome of your divorce. However, there are still important things to consider.
California Is a No-Fault Divorce State
California follows a no-fault divorce system, meaning that a spouse does not need to prove wrongdoing (such as adultery) to obtain a divorce. The only legally recognized grounds for divorce are:
- Irreconcilable Differences – The marriage is broken beyond repair.
- Permanent Legal Incapacity to Make Decisions – One spouse is unable to make legal decisions due to a medical condition.
This means that even if your spouse cheated, it won’t affect whether you get a divorce or the division of assets. Likewise, if you were the one who was unfaithful, your spouse can’t use that against you to get a better settlement.
Does Cheating Affect Property Division?
California is a community property state, which means that most assets and debts acquired during the marriage are split equally (50/50) between spouses upon divorce. Unlike in some other states, adultery does not impact how property is divided.
However, there is one exception: if the cheating spouse used marital funds to support the affair (e.g., buying gifts, vacations, or expensive meals for a lover), the other spouse may be entitled to reimbursement for that money. This is known as dissipation of marital assets, and courts may require the unfaithful spouse to repay part of those funds as part of the divorce settlement.
Does Infidelity Impact Spousal Support (Alimony)?
In general, adultery does not directly impact spousal support in California. However, if the cheating spouse is cohabiting with their new partner, it could reduce or even eliminate their entitlement to spousal support, depending on the circumstances. Courts consider factors like financial need, standard of living, and each spouse’s ability to support themselves.
Can Adultery Affect Child Custody?
Child custody decisions are based on the best interests of the child, not marital misconduct. Infidelity alone will not affect a parent’s ability to get custody or visitation rights. However, if the affair negatively impacted the children (e.g., exposing them to an unsafe environment, neglect, or emotional distress), the court may take that into account when determining custody arrangements.
The Reality of Emotional Justice
If you were cheated on, this might seem completely unfair—and we get it. The betrayal is painful, and you may want the legal system to recognize it. But the reality is, it won’t generally affect the outcome of your case. What it will do is make the divorce more contentious and, in many cases, increase litigation. And the hard truth? The more you fight, the more your attorneys make—not you.
If you are the one who cheated, keep in mind that your spouse may be extremely hurt and emotional. This doesn’t mean you should cave in to all their demands, but it does mean you need to be tactful in how you approach the process. The relationship is over—now it’s a matter of how you end it.
At the end of the day, you can only control your own actions, not your spouse’s. Be mindful, be strategic, and be smart about how you move forward. Protect your rights, but don’t let emotions drive costly and unnecessary battles.
If you’re facing a divorce and need legal guidance, Contreras Law Firm is here to help. We don’t sugarcoat things—we tell it like it is while fighting for the best possible outcome for you. Contact us today to discuss your case.