His earning capacity will play a factor in this calculation. This includes his earning history as well as his future earning potential (including his health). California is a no-fault divorce state. Cheating does not reduce or eliminate your spouse's eligibility to receive alimony.
Thanks to the NO FAULT policy most states have adopted, A spouse Who cheats is entitled to keep half of the property acquired during the course of their marriage, such as a house, after a divorce the same as any other spouse divorcing who did not cheat.
If a wife cheated during the marriage, then her spouse may be much less willing to negotiate and resolve this issue. Unfortunately, cheating does not impact what a wife is entitled to during the divorce, so an unfaithful spouse is still entitled to half of all community property.
Cheating in no way affects alimony or child custody or the financial side of divorce...in fact, the spouses cheating buddy could be raising your child 50% of the time after divorce.
Yes, courts do not care how immoral a woman behaves within her marriage. If a wife lies, cheats, steals, or gets knocked up from an affair, courts will award her half the assets in the event of a divorce.
In the US, a spouse's adultery almost never matters in a divorce except as a ground for a contested divorce. Only a few states allow the divorce court judge to punish the adulterous spouse in some way. A minority of states are community-property states, meaning each spouse is entitled to 50% of the marital assets.
Financial Need: Alimony is often determined by the financial needs of the lower-earning spouse. If the cheating spouse is in a position where they require support to maintain a reasonable standard of living after the divorce, courts may award alimony regardless of their infidelity.
Misconduct: Certain behaviors can also lead to the disqualification of alimony. For instance, if a spouse is found to have engaged in financial misconduct, such as hiding assets or failing to disclose financial information during the divorce proceedings, this can result in disqualification.
You are entitled to get a divorce, you may be entitled to spousal support, you are entitled to custody orders related to your children, you may be entitled to child support; to list only a few of the rights that you have.
Only seven states allow you to sue the illicit partner of an extramarital affair and California is not one of them. This would be an “alienation of affection” lawsuit, which was explicitly banned by legislation in California (and most other states...