Does adultery affect property division in California?

When adultery shatters trust, it is natural to seek some form of justice or compensation during divorce proceedings. However, California’s approach to property division in infidelity cases might not align with your expectations. Understanding this can help you manage expectations during a difficult time.

The courts will aim for equitable distribution of marital assets

California law views marriage as a partnership. Property and debts acquired during the marriage, known as community property, belong equally to both spouses. When couples divorce, the court aims to divide this property equally.

As adultery often equates to feelings of betrayal, you might think it should affect this division. However, California is a no-fault divorce state. This means the court does not consider who is at fault for the marriage ending. The reason for the divorce, including infidelity, does not impact how the court divides property.

This can be surprising and even frustrating for those who feel wronged. Yet, no-fault divorce laws aim to make the process fair and straightforward. The court focuses on the financial matters of your case, not personal grievances.

Adultery can impact other aspects of divorce

There are a few indirect ways adultery may affect the financial outcome of a divorce, such as:

• If a cheating spouse spent significant marital funds on an affair (expensive gifts, trips or supporting a lover), the court might consider this “dissipation of assets.” To compensate for this loss, the faithful spouse may recover a larger share of the remaining assets.
• If the affair caused financial harm to the other spouse, adultery might influence alimony decisions.
• If adultery affects the cheating spouse’s ability to parent effectively, adultery may influence child custody cases.

It is important to note that these situations are exceptions rather than the rule. In most cases, adultery will not play a significant role in property division or other financial aspects of a California divorce.

Every family situation needs tailored legal solutions. If you are contending with divorce and its legal challenges, make sure to have a California attorney on your side.