[CA] Does a cheating spouse lose anything in a divorce?
Generally, in most states a spouse’s infidelity doesn’t affect division of assets or debts in divorce. Some states may consider adultery for alimony or if marital funds were spent on the affair (Fam. Code § 721(b)). It rarely affects custody or support unless it harms the children.
California is a no-fault state, so adultery typically doesn’t impact community property division or spousal support (Fam. Code § 2335). An exception is misuse of community funds on the affair. Were any marital resources spent?
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My spouse is cheating.
I’m sorry you’re dealing with this. Is your main concern the legal implications of your spouse cheating?
If I have evidence that my wife cheated on me, what does she lose?
Are you looking for advice on gathering evidence or taking legal action?
No.
Anything else the lawyer should know?
No.
Hi, I’m TJ, an attorney. I’ll share initial thoughts and a few questions to tailor the answer. Where are you located?
California.
Generally, in most states a spouse’s infidelity doesn’t affect division of assets or debts in divorce. Some states may consider adultery for alimony or if marital funds were spent on the affair (Fam. Code § 721(b)). It rarely affects custody or support unless it harms the children.
California is a no-fault state, so adultery typically doesn’t impact community property division or spousal support (Fam. Code § 2335). An exception is misuse of community funds on the affair. Were any marital resources spent?
Financial resources were not misused… so there’s nothing I can do. Thank you.
In a no-fault state, proof of infidelity doesn’t give a direct legal advantage. Unless there was dissipation of community funds, property division and support are handled without regard to fault. Spousal support turns on income, earning capacity, and marriage length—not cheating. Next steps: focus on identifying community assets/debts, gather financial documents (bank, retirement, investments), and consider custody/child support if applicable.
