Fresno Family Law Attorneys

Free Consultation: 559.900.1263
Call Today 559.900.1263

Can a Spouse Get Alimony if They Cheated?

Call Today 559.900.1263

Can a Spouse Get Alimony if They Cheated?

Each year, countless marriages unravel because of adultery. So, if your marriage has been affected because someone cheated, you have plenty of company. You may also want to know if cheating has any impact on spousal support (alimony) in California. This is a perfectly normal question to ask, especially since many states frown heavily upon infidelity.

All states have their own ways of dealing with infidelity or marital misconduct in a divorce case. In some states, if it can be proven that a spouse cheated, then it can bar that spouse from receiving alimony that he or she otherwise would have been entitled to. However, that is not how it works in California.

California is a No Fault Divorce State

California is a no-fault divorce state; California judges are not concerned with marital misconduct when it comes to alimony awards. The judge’s main objective is to ensure the lower-earning or dependent spouse does not end up penniless because of the divorce.

What a judge is concerned with is 1) the lower-earning spouse’s need for spousal support and, 2) the higher-earning spouse’s ability to pay it. Adultery is not a factor when determining an award for spousal support.

The key factors considered when a judge considers making a spousal support award:

  • The length of the marriage
  • The income and assets of each spouse
  • The age and health of each spouse
  • Each spouse’s contribution to the marriage
  • The education and earning capacity of each spouse
  • The separate property of each spouse

There is one exception when it comes to marital misconduct impacting spousal support. When one spouse has been abusive and they have been convicted of spousal abuse or child abuse, the judge has the power to reduce or deny spousal support altogether to a spouse who would otherwise be entitled to it.

For divorce representation in Fresno, contact Arnold Law Group, APC today!

Categories: Divorce, Spousal Support