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Adultery affects more than half of all U. For many spouses, cheating is a deal-breaker. The act of cheating is a painful betrayal of trust, but for California divorce courts, the issue is usually irrelevant. California is a no-fault divorce state. However, there are exceptions. While adultery does not affect the division of community property in California, a spouse is entitled to compensation if community property was used to fund an affair.
What does this mean? Suppose your husband had an affair. He took money from your joint account to pay for hotel rooms, meals, and expensive gifts. You can ask the court to consider this a misappropriation of marital funds.
The court may order your spouse to repay up to half that amount—with interest. That amount will be included in your divorce settlement. Can you be repaid for your emotional distress? Sort of. In some cases, it is reasonable to ask a cheating spouse to help pay for counseling or therapy.
The cost of ongoing therapy may be included as part of your spousal support agreement. Adultery rarely affects California's child custody , but there is one big exception. If a child is inappropriately exposed to sexual behavior, evidence of that behavior may be used in determining child custody.