Can Infidelity Impact My Divorce Settlement?

Finding out your spouse had an affair is an earthshattering experience that many marriages never recover from. If infidelity ultimately led to your decision to get a divorce, you might be wondering if this fact will have an impact on the outcome of your settlement. The short answer is, no, an affair will not directly impact your divorce. However, it may indirectly have an impact on your case.

Adultery and Divorce

California is a no-fault divorce state. If you wish to get a divorce, you can do so based on irreconcilable differences or if your spouse suffers from incurable sanity. If you divorce due to irreconcilable differences, it essentially means that the relationship between you and your spouse is so damaged that it cannot be saved.

Although an affair cannot directly impact your divorce, there are still some indirect ripple effects it may have. You will not receive more than your fair share of property and assets simply because your spouse was unfaithful. That said, if your spouse wastefully dissipated assets and you can prove it, a judge may award you a greater share of marital assets. For example, if your spouse splurged a substantial amount of marital assets to support the extramarital affair, this would be considered an act of wasteful dissipation.

An affair will not impact how much alimony you receive. Alimony is meant to help the lower-income earning party maintain the standard of living a couple enjoyed during the marriage. It is not meant to be a form of punishment for bad behavior in a marriage.

In some cases, it is possible for an affair to have an indirect impact on child custody. If the affair resulted in your spouse partaking in unsafe behavior around the children, for example, this will likely influence a judge’s decision regarding child custody.

Set Up a Consultation with a Knowledgeable Divorce Attorney to Discuss Your Case

If you are getting a divorce because your spouse had an affair, you need to speak to an experienced family law attorney as soon as possible. At The Neshanian Law Firm, Inc, our team of divorce attorneys have the skill and knowledge necessary to guide you through this complex legal process. Backed by nearly four decades of combined experience and a proven history of successful results, you can rest assured you will receive exceptional support and guidance during this difficult time.

Contact our legal team today at (949) 577-7935 to speak with one of our compassionate attorneys about your divorce case and learn what we can do for you.