Will your spouse’s adultery increase your spousal support?

by | Mar 11, 2022 | Spousal Support

Alimony or spousal support can be important to someone who doesn’t make as much as their spouse. When you want to move on and live independently, you may need temporary financial support as you start out on your own. If you have been married for decades and are past the age of retirement or have health issues, you may even qualify for permanent spousal support.

If your decision to file for divorce stems from your spouse’s recent infidelity, you may feel as though you are the one suffering despite their misconduct. Will the court award you more spousal support because of the cheating?

No-fault divorces don’t usually consider misconduct

California law makes no-fault divorce the standard. Although a no-fault divorce will usually be faster than a fault state divorce, it may deny a wronged spouse a sense of justice.

Unless you have some kind of written marital agreement related to infidelity and spousal support, like a postnuptial agreement, even proving infidelity in court will have very little effect on what support you receive. Adultery has very little financial impact on the typical California divorce.

You may be able to hold your spouse accountable for the money spent on the affair if they used community property to take their affair partner out for meals or pay for hotel rooms. Looking over your financial records to determine how much evidence there is of misconduct can help you decide if such claims are worth pursuing.

For many spouses starting over after their loved one cheats, the best possible outcome is finding a way to live well. Knowing your rights when it comes to property division and spousal support can help you pursue a desirable future.

*The above is not meant to be legal advice, and every case is different. Feel free to reach out to us at Hoover Krepelka, LLP, if you have any questions. Information contained in this content and website should not be relied on as legal advice. You should consult an attorney for advice on your specific situation. 

Visiting this site or relying on information gleaned from the site does not create an attorney-client relationship. The content on this website is the property of Hoover Krepelka, LLP and may not be used without the written consent thereof.


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