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What Impact Will an Affair Have Upon Spousal Support?

On Behalf of | Jun 13, 2019 | Divorce

What impact will an affair have upon spousal support in an Oceanside, Encinitas or Carlsbad divorce?  We are often asked questions regarding the conduct of the other spouse and the impact it will have upon all aspects of the divorce including:

Most people believe cheating on a spouse is morally wrong.  The fact that your spouse had an affair is obviously infuriating.  You are probably experiencing a host of other complex emotions and may even expect the Court to take this into consideration when deciding issues surrounding the children, support and the division of community property.

It is important to understand that California is a “no fault” state when it comes to divorce.  The spouse requesting a divorce does not have to prove the other spouse did something wrong and California isn’t interested in any of the underlying details.  The State of California simply presumes all divorces are the result of “irreconcilable differences” and provides no legal advantage to the “petitioner” or the “respondent.”  (Note: there may be a substantial strategic reason to be the first to file in your case.  This is a separate issue altogether).

This includes affairs.  Courts across the State of California and here in Carlsbad should not consider infidelity as a punishable offense when it comes to settling matters such as what impact will an affair have upon spousal support or property division.  Many people are bitterly disappointed to learn an affair itself does not translate to a big win in child custody or support.

The Court may, however, consider the impact of a spouse’s infidelity upon the community property and ultimately it’s division.  For example, if the cheating spouse purchased lavish gifts or incurred substantial expenses associated with the affair the judge may order the straying spouse to reimburse the “community” for half of the money spent on the affair.  In rare and extreme cases a judge may consider a provable issue related to the impact of the affair on children of the marriage.

What impact will an affair have upon spousal support in a divorce here in North County San Diego?  Very little if any.  However, it is important to seek the counsel of the highly recommended Certified Specialists at Burke & Domercq, APC.  We invite you to contact us or call 760-389-3927 to schedule an appointment to get answers to your questions and insight into your case.