Can you sue your ex wife for cheating?
Asked by: Bret Veum | Last update: December 4, 2025Score: 4.1/5 (35 votes)
Cheating, or adultery specifically, is typically grounds for a lawsuit for divorce. While it is possible to sue for intentional infliction of emotional distress alone, and in some states alienation of affection lawsuits are possible, such lawsuits are very unusual.
Can you sue your wife if she cheats on you?
You can sue your spouse for infidelity, but not the other person. You can only sue someone for emotional distress if you can prove that their actions were done intentionally only to harm you.
Can you sue your ex-wife after divorce?
No. You cannot sue your wife separately after the divorce is final. Some of those issues could be addressed or argued during the divorce when determining equitable distribution.
Does cheating affect divorce settlement?
As a community property state, cheating has very little impact on a divorce settlement in California. All assets and property that were obtained during the marriage will be divided evenly between the spouses.
Can you sue for emotional distress for cheating?
You can sue your spouse for infidelity, but not the other person. You can only sue someone for emotional distress if you can prove that their actions were done intentionally only to harm you.
Can You Sue Your Spouse If They Have Cheated on You?
Can I sue my ex for cheating?
You would have to prove that by cheating, your spouse (1) acted intentionally or recklessly; (2) his or her conduct was extreme and outrageous; and (3) his or her conduct caused (4) severe emotional distress.
Is it worth suing for alienation of affection?
The only time it is beneficial to sue for alienation of affection is if divorce, due to an affair, leaves you financially damaged and you need the courts to award you monies to help you survive after the divorce.
Do you need proof of cheating for divorce?
California is a no-fault divorce state, which means that neither party has to prove that the other is at fault for the marriage ending. This includes infidelity.
What happens if you cheat and get divorced?
So, to be clear: the court does not afford you specific rights if there was cheating but infidelity can tip the scales in your favor and impact your case. This may include changing property division and also allow for certain temporary injunctions while your divorce for cheating case is pending.
Does a cheating wife get alimony?
Adultery can be taken into account when deciding the amount of alimony to be granted. In some cases, a spouse can be denied alimony if they have committed adultery, or be obligated to provide alimony if they engaged in infidelity. However, adultery alone will not decide the spousal support argument.
What to do with a toxic ex-wife?
Avoid engaging them in conversations and communications that are not related to your children or other important matters. Remember that their behaviour is not your fault and seek support from a therapist, counsellor or coach if needed.
Do you have to pay your ex wife after divorce?
Once a divorce is final, you may receive (or pay) spousal or domestic partner support. This is called permanent or long-term spousal support. This is usually a monthly payment that can last for many years.
Can you sue your ex-spouse for adultery?
No, adultery is not currently a civil tort in California. In the past, there were adultery laws that allowed people to sue for infidelity. Many states also used to criminalize adultery. Today, however, unfaithfulness in a marriage is not a crime or legal tort in the State of California.
How to prove cheating?
How Do You Prove It. The person alleging adultery must prove that their spouse committed an adulterous act via direct evidence (e.g., eyewitness accounts; admissions by the guilty spouse and/or the paramour) or, more often, via circumstantial evidence.
How does suing for emotional distress work?
In an emotional distress claim, proving that the defendant acted with intent is key. This means showing that they knew or should have known their actions would cause serious distress. Your lawyer will start by gathering evidence such as emails or text messages, which can be crucial in establishing this intentionality.
Is it illegal for a man to cheat on his wife?
Many people whose spouses have cheated ask us that question – and the short answer is no. Adultery isn't illegal in California, but it can affect some aspects of your divorce.
Do ex-wives ever regret divorce?
Many people feel regret after divorce, with about 27% of women and 32% of men regretting the choice. The reasons for this regret can vary. Some miss the companionship they once had, and others struggle with the financial strain that comes with splitting assets and households.
Do judges care about adultery in divorce?
Unfortunately, these days, Judges are often somewhat indifferent toward adultery if it doesn't negatively affect the children involved. A Judge would be concerned if this person is dangerous, such as engaging in the use of drugs or abusing the children.
How do cheaters act when caught?
The reactions and responses of cheaters when confronted with their betrayal vary widely, from defensiveness and denial to profound remorse, as they grapple with the consequences of their actions and the shattered trust of their partner.
Can text messages be used in court to prove adultery?
According to California law, text messages can be considered as evidence in family court proceedings. These text messages can be used as proof or facts to establish allegations of adultery, financial infidelity, domestic violence, child abuse or neglect, or other threatening behavior.
Can you go to jail for cheating on your spouse?
In general, 3 US states criminalize it as a felony (Oklahoma, Michigan, and Wisconsin) and 13 states along with Puerto Rico criminalize it as a misdemeanor.
What can be used as proof of divorce?
In addition to a court-issued divorce decree, many state vital records offices provide a divorce certificate. The divorce certificate gives both people's names and the location and date of the divorce. It may be all you need to: Change your name.
How much does it cost to get the alienation of affection?
Fees for settlement negotiations can range from $5-10,000 depending on the complexity, plus the settlement itself. Fees for a defense at trial in civil superior court could range from $35-50,000 or more, which is why it is so important to avoid any behavior that would provoke a suit.
Can you sue for lack of affection?
Alienation of affection is a common law tort that allows a spouse to sue a third party believed to have intentionally interfered in the marriage, essentially causing loss of affection. (A tort is a civil wrongdoing that causes harm or loss to another person).
Can I sue my ex wife for parental alienation?
You can sue for parental alienation, but the proof requirements for doing so are much the same as in any civil lawsuit. To have a strong case, you must prove parental alienation.