What happens in a divorce if one spouse cheats?
Asked by: Brionna Kerluke | Last update: October 14, 2025Score: 5/5 (34 votes)
You don't need to state that your wife cheated or that your husband was emotionally abusive and cheating to go to court for a divorce. However, cheating or an affair can affect property division and spousal support. And abusive behavior can affect the custody and visitation of minor children.
What happens in a divorce when one person cheats?
Does Cheating Affect a Divorce Settlement in California? 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.
Is my wife entitled to half if she cheats?
Even in a ``no fault'' state which allows this (and eighteen of the fifty states don't), you'd need to file for divorce on the grounds of adultery in order to be able to claim more than a fifty percent share of the marital assets -- and you'd need to supply evidence of her infidelity in court.
What rights do you have if your spouse is cheating?
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 it matter who cheats in a divorce?
In most US states, cheating is irrelevant. The court looks at the marital assets, each party's contribution to the partnership, and the laws regarding asset division.
What Rights Do You Have If Your Spouse Cheats On You?
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.
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.
What am I entitled to if my husband cheated?
Adultery can be used as grounds for divorce but complicates the proceedings. Infidelity can impact the property division if marital funds were involved in the affair. Alimony can be influenced by adultery in some instances. Child custody is affected by adultery when the affair directly impacts the child.
In what states is adultery a felony?
Most states that still have adultery laws classify them as misdemeanors, but Oklahoma, Wisconsin and Michigan treat adultery as felony offenses. Several states, including Colorado and New Hampshire have moved to repeal their adultery laws, using similar arguments as Assemblyman Lavine.
Can you sue a cheating spouse for emotional distress?
Intentional Infliction of Emotional Distress.
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.
Do you get more money in a divorce if you were cheated on?
The reason why you get a divorce has absolutely nothing to do with how much money you do or do not get. So if one person cheated and that is why you are getting divorced, you will not get more or less money or custody because of that.
How to prove infidelity in divorce?
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.
Can I sue my wife for cheating?
The current law means you cannot sue your spouse for having an affair or press criminal charges. However, there are exceptions if the situation is extreme or turns violent.
Who is at fault when a spouse cheats?
Both parties in an affair share responsibility, though not necessarily in equal measure. The spouse breaches the trust and commitment of their relationship, while the affair partner knowingly contributes to the breakdown of another's emotional world. At the end of the day, blame doesn't resolve the pain caused.
Can cheating be grounds for divorce?
Adultery has a reasonably recognized meaning in the marital laws and is considered a valid ground for applying for divorce, if either partner breaches the marital vows and commits an act of infidelity.
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 is the difference between infidelity and adultery?
Infidelity, or cheating, is the act of being either emotionally or physically unfaithful to a spouse or partner, and breaking a commitment or promise during the act. Adultery is engaging in physical, sexual activity, and may be considered a criminal offense and grounds for divorce in certain places.
What states does adultery matter in divorce?
These include the Carolinas, Georgia, Mississippi, New York, Utah, Minnesota, Wisconsin, Michigan, Idaho, Oklahoma, Massachusetts, Illinois, Kansas, Florida, and Arizona. Some states consider adultery to be grounds for divorce while others don't.
What is the punishment for adultery in USA?
In USA, laws vary from state to state. Although rarely prosecuted, but adultery is still on the statute books and penalty may vary from a fine of few dollars to even life sentence. But in US military, it is an impending court-martial crime.
Does cheating affect divorce settlement?
California is a community property state. This means the court typically views assets and debts acquired during the marriage as the property of both spouses. Courts don't split assets as punishment for things like adultery.
Do you get alimony if your husband cheats?
Fam. Code § 4320 (2022).) Still, because spousal support is based on need and ability to pay, it's highly unlikely that evidence of adultery would affect an alimony award under current California law. Except when one spouse is guilty of domestic violence, alimony isn't meant to punish spouses for their behavior.
Should I divorce my husband if he cheated on me?
Just because a spouse cheated doesn't mean the marriage is doomed. There are always ways to get your marriage back on track if both parties are willing to accept and forgive what happened.
Do I need proof of adultery for divorce?
When you file for divorce in California, you're instructed to choose between one of two reasons: your spouse is incurably insane or there are irreconcilable differences in the relationship. The court will not consider proof of cheating during marriage in order to establish fault.
Is it better to divorce after infidelity?
The answer is: It depends. If you or your spouse had an affair, take the time to consider whether you want to divorce or not. If you decide to keep the marriage together, find a therapist with expertise in couples counseling if there has been a betrayal.
How to get evidence of cheating spouse?
Using photos, sexting dialogue on your spouse's phone, credit card statements with mysterious charges, hidden email accounts, or dating apps on their phone to hook up with others, you can prove the affair. Show them that evidence. Your partner may deny cheating on you until you show them the actual evidence.