Discovering that your spouse is having an affair, whether it’s emotional or physical, can be devastating. As such, you may want to do everything possible to hold them accountable for their decisions during your divorce. However, you may be shocked to learn that cheating does not have as big of an impact on the outcome of your divorce as you may think. That’s why understanding the financial implications of infidelity is critical. The following blog explores what you should know about these matters and how a Los Angeles divorce attorney can assist you through these incredibly difficult times.
Will My Partner’s Affair Impact the Outcome of Our Divorce?
If you discover your spouse has cheated on you, you may feel like doing everything in your power to make them pay. However, it’s critical to understand that, in California, your partner’s decisions or wrong-doings have little to no impact on the outcome of your divorce.
This is because California is a community property state, meaning all marital assets will be divided evenly during your divorce, regardless of each spouse’s financial contributions to the marriage. As such, the state is a no-fault divorce state, meaning you cannot cite marital misconduct as the cause of your divorce. This means neither side has to prove fault by the other party.
Are There Any Financial Implications of Infidelity I Should Know About?
Though it may seem unfair that a cheating spouse won’t be impacted during the divorce, there are some financial implications you may benefit from.
In many instances, you may find that your spouse spent a considerable portion of your marital assets to commit the affair. As such, the courts will likely take this into consideration when issuing a court order for matters like spousal support or property division. It is not uncommon for a judge to slightly deviate from the equal distribution of assets under the community property laws to compensate the other party for their spouse’s financial mishandling of martial funds.
It’s important to understand that when looking at the factors that influence an alimony decision, the courts in California do not explicitly consider whether or not one spouse has committed adultery. However, they will consider what is “fair and just,” which is why they can award one spouse higher alimony payments if their spouse committed adultery and used marital assets to pay for expenses related to the affair.
As you can see, several considerations and complex issues can arise if your spouse is unfaithful. Unfortunately, many make the mistake of trying to navigate these matters on their own, which can lead to unfavorable outcomes. That’s why it’s imperative to connect with an experienced attorney with the Zitser Family Law Group who can help you through these challenging times. We understand how the emotions you’re experiencing can influence the outcome of your case, which is why you can rely on us to help you through these times. Contact us today to learn how we can fight for you.
