Can You Get a Better Divorce Settlement If Your Spouse Cheated?
When a spouse cheats, it can lead to broken hearts and broken marriages. If your spouse cheated, you may feel betrayed, confused, furious, or all of the above. You may want to take your revenge by getting the best divorce settlement possible, but will your spouse’s bad behavior give you a divorce advantage?
In the state of California, the answer is probably no. California is a “no-fault divorce” state, which means you don’t need to explain why you are getting a divorce beyond “irreconcilable differences.”
But what about alimony (known as “spousal support” in California)? Can a judge force your spouse to pay more because of the infidelity? Again, the answer is no. A judge will take a number of factors into consideration when considering whether to grant spousal support, including the differences in your income and the length of your marriage. Infidelity is not one of those factors.
In fact, the only way you may be able to use a spouse’s cheating to your advantage is if they feel guilty enough to agree to give you a better settlement during negotiations or mediation. That, of course, will depend greatly on your spouse’s personality and how badly they feel about how things turned out.
If you live in Temecula and are ready to consider divorce, contact the attorneys at Albrecht & Albrecht.