When a marriage ends, emotions run high. When you add infidelity into the mix, the stress can feel like it has doubled overnight. Now, you might have questions about money, support, and custody since there is betrayal in the background. How does infidelity impact divorce settlements in California?

If you are going through a divorce in California and wondering how an affair might shape your settlement, the answer can get complicated. California is a no-fault divorce state, but that doesn’t mean infidelity has zero impact on the outcome. Here is what you will want to know.

Property Division and Infidelity 

California follows the community property rule. That means most assets and debts acquired during the marriage are split on a 50/50 basis. In most cases, infidelity does not affect the division of assets. 

However, there is a catch. If the spouse used marital funds to fuel an affair, such as buying lavish gifts, expensive trips, or hotel stays, the court may see that as dissipation of assets. 

With that, the spouse who spent marital money on the affair might have to reimburse the marital estate

Is Spousal Support Affected?

When it comes to spousal support, California courts will look at financial need and the ability of the other spouse to pay. Moral wrongdoing does not become a factor in many cases. 

But there are always exceptions. For example, if the cheating spouse moves in with a new partner and shares living expenses, the court may review the alimony they are required to pay. 

Additionally, if the affair involved serious financial misconduct, such as secretly draining joint accounts, the court may adjust spousal support to account for the financial imbalance caused by the betrayal.

Child Custody in California

California courts always consider the best interests of the child. Infidelity does not sway custody decisions. However, if an affair has created an environment that is unstable or potentially harmful to the child’s safety, the court will look at these factors.

Infidelity is not the issue; instead, the focus is on what arrangement serves the child’s emotional and physical well-being. That is the guiding factor for making custody and visitation determinations.

What to Do If You’re Divorcing After Infidelity 

If you believe marital funds were used to support an affair, you want to start to collect documentation early. Bank statements, credit card records, hotel receipts, and travel itineraries can become evidence in a reimbursement claim. 

Also, when you have a paper trail ready, that can make it far easier for your attorney to demonstrate dissipation of assets and protect your share of the marital estate.

Also, treat your communications with your spouse as though they could be read aloud in court because in some cases, they will. Texts, emails, and social media messages end up as exhibits in divorce proceedings. You want to keep your tone calm, factual, and focused on logistics rather than anger or accusations. All of that can prevent you from weakening your own case. 

Finally, reach out to professionals. A skilled California divorce lawyer can help you with the legal and financial complexities of a divorce that involves infidelity. Bringing in the right support team is not a luxury; it’s a necessity. This is a strategic way to protect your interests and your well-being during one of the most challenging chapters of your life.

Learn How an Affair Can Cause Problems for Your Settlement

How does infidelity impact divorce settlements in California? At the end of the day, it does not automatically change the rules in the Golden State. But misused marital funds or unstable living arrangements can cause hurdles for property division, spousal support, and child custody decisions.
Regardless of which side you are on, seeking legal help early can protect your interests throughout this process. At Roberts & Zatlin Family Law Firm, we are ready to assist. Schedule a consultation today to learn more about what you can do during this tumultuous time.