Will infidelity affect spousal support or the division of property in a San Diego divorce? Generally speaking, infidelity is not relevant to divorce proceedings in California. California is a “no fault” state, and the Court will presume the reason for the divorce is simply irreconcilable differences.
How will infidelity affect spousal support in our case? The need for spousal support as well as the amount and duration is actually quite complicated under California law. Our family code specifies a number of factors for the Judge to consider such as the length of the marriage, the lifestyle enjoyed by the parties, the financial balance between the parties, employment viability and many other factors.
Infidelity is not an issue as the Judge weighs spousal support. It will probably not matter at all to the Judge in your case who had an affair or how often.
An affair may be of interest during community property division. Spouses owe a fiduciary duty to one another. This requires each spouse to act in each other’s best interests. Money spent on gifts, hotels, travel, dining and other expenses can be raised during discussions concerning community property. If these expenses can be proven, an unfaithful spouse may be compelled to compensate you for your half of the value of the money diverted away from your marriage toward outside interests.
There might also be an argument regarding the unfaithful party’s fitness as a full time parent. This is also legally quite complex and it is important to discuss these matters with our experienced Certified Family Law Specialists.
Will infidelity affect spousal support in a San Diego divorce? Simply put, no. However, it may be raised as an issue in community property division as well as custody and parenting time discussions. Protect your own interests and contact us or call 760-434-3330 to schedule an appointment for a remote or socially distanced consultation with one of our experienced Certified Family Law Specialists.