Can My Spouse’s Infidelity Affect the Divorce Settlement?

Adultery is a common reason behind divorce and, although the pain of discovering a spouse’s infidelity can be great, it generally does not play a direct role in a divorce. California is a purely no-fault divorce state, so family courts do not look at evidence of adultery when granting a divorce. All that will matter to a judge is that your marriage failed.

Moreover, despite prevalent divorce myths, you cannot clean out your spouse during the divorce process simply because of infidelity in the marriage. However, an affair may indirectly affect a divorce settlement, so continue reading to learn more.

Divorce Settlements and Affairs

Your spouse’s affair is not reason enough for a judge to grant you a more favorable settlement. That said, if your spouse spent a considerable amount of money to conduct this affair, it may be considered wasteful dissipation. For example, if your spouse cheated on you with someone in expensive hotel rooms, feasting on decadent room service on a fairly regular basis, this could quickly rack up a major bill. Since your spouse would have likely used marital funds to do this, a judge may award you a larger share to make up for the wasted funds.

When it comes to child custody, this is another matter that is not directly by the existence of an affair. However, if your children were harmed as a result of being exposed to the affair, it would likely impact the outcome of a child custody arrangement as well.

Ultimately, although an affair in itself cannot be used to punish your spouse in court, it may have some indirect consequences that may allow you to receive a more favorable outcome.

Discuss the Details of Your Divorce with an Experienced Family Law Attorney Today!

If you are divorcing your spouse after learning about an affair, the experienced legal team at Family Law San Diego can provide the knowledgeable legal guidance and advice you need to navigate it and protect your interests. We understand how overwhelming this situation must be and will fight tirelessly on your behalf to work toward the best possible results. Divorce is rarely easy, but you can count on us to ensure the process goes more smoothly.

Reach out to our law office today at (619) 577-4900 to request a free initial case evaluation with a member of our team to learn more about what we can do for you.

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