At Irwin & Irwin, we often meet clients who are navigating the emotional strain of discovering a spouse’s infidelity. One of the first questions they ask is whether adultery will affect their divorce case. In California, the answer is more complicated than most expect.
California Is a No-Fault Divorce State
California is a no-fault divorce state. This means that a spouse does not need to prove wrongdoing such as adultery to file for divorce. The most common reason cited is “irreconcilable differences,” which simply means the marriage cannot be repaired. Courts are not focused on who caused the breakup. Instead, they concentrate on how to divide property, determine support, and, if children are involved, establish custody and visitation arrangements.
Does Adultery Impact Property Division?
Under California’s community property law, all assets and debts acquired during the marriage are generally divided equally. Courts do not penalize a spouse financially for having an affair. However, there are exceptions. If a spouse spent substantial marital funds on a third party through gifts, travel, or other expenses, that could be considered a breach of fiduciary duty. In that case, the court may order reimbursement to the other spouse.
Could Adultery Influence Spousal Support?
Adultery alone typically does not influence spousal support. California law considers factors such as the length of the marriage, each spouse’s earning capacity, and their standard of living during the marriage. That said, if the adulterous spouse moves in with a new partner and their financial situation improves, the court may view that as a reason to reduce or deny support.
What About Child Custody?
The court’s focus in custody matters is always the best interest of the child. Adultery is not automatically seen as a strike against a parent. However, if a parent’s new relationship negatively affects the child, such as exposing them to an unsafe environment, it could impact the court’s decision on custody or visitation.
When Does Adultery Matter?
While adultery is not usually a direct factor in how a divorce is resolved, it can influence certain aspects if it leads to financial misconduct or affects the children’s well-being. If there is proof that marital funds were misused or that a child’s welfare is at risk, the court may take that into account when issuing orders.
At Irwin & Irwin, we understand how personal betrayal can impact the divorce process. While the legal system may not offer emotional justice, we help clients focus on the issues that truly matter in the courtroom, protecting their rights, their children, and their financial future.
If you are considering divorce and adultery is involved, contact Irwin & Irwin to schedule a consultation and learn how California law may apply to your situation.
