In general, adultery does not affect spousal support (previously referred to as alimony) in California.
California is a no-fault state; you can get a divorce for either one of two reasons: 1) irreconcilable differences; 2) permanent legal incapacity to make decisions.
In Court, it does not matter who had the affair or what caused the marriage to fail (with the exception of domestic violence convictions, which can affect spousal support). The Court does not even take into consideration whether your spouse has been unfaithful in the marriage or if he/she has had multiple other partners during the marriage.
To determine the issue of spousal support, the Court looks at a number of factors such as the length of marriage, lifestyle of the marriage, ability to pay spousal support, the need for spousal support, etc. However, adultery is not one of the factors.
If you have any questions about spousal support or need legal advice in the family law realm, please contact the Law Office of Laurel Peniche Gartman at (714) 283-2811.
As a Certified Family Law Specialist, Laurel Peniche Gartman has been practicing Family Law for over 28 years in Orange County California.
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