My husband cheated. Will I get extra spousal support?

Craig’s Answer:

In many California marriages there are unfortunately issues of discovered adultery by one party. If you are involved in a situation regarding a cheating spouse, you should educate yourself on your options in this incredibly difficult time in order to protect your rights. California abides by statues of no-fault divorce and allows a divorce to occur if a couple meets one of two standards: a spouse suffers from incurable insanity, or a couple is experiencing irreconcilable differences – which is a fundamental disagreement that can’t be resolved. In opposition of fault-based states, California only requires that you, your spouse, or both of you believe your marriage cannot be saved. Seeing has California has not made the act of adultery criminal, adultery will not be considered or admissible as a deciding factor for whether or not a divorce will be granted. California has also established rights to Alimony, or Spousal Support laws which if applicable require parties to financially take care of each other during and after divorce proceedings. This is to ensure the less financially fortunate party is taken care of during the divorce process and can maintain an established standard of living after finalization. Although the courts consider a variety of factors when establishing whether spousal support will be granted or not, adultery (and any form of marital misconduct) is not one of the weighing factors. Spousal support is meant to act as an issuing of support not a form of punishment against a party. The  exception to this rule occurs if there is evidence of violent behavior by one of the parties.

If you have any questions regarding your divorce matter, or wish to clarify any factors regarding your case matter, contact a family law attorney’s at Fischer & Van Thiel LLP. We specializes in the intricacies of the laws and can help you maintain your rights.

Posted in: Divorce, Family Law, Spousal Support / Alimony