Does Cheating Affect Alimony in Los Angeles?
Cheating on a spouse may destroy a marriage relationship. However, adultery has a minimal impact on a divorce in California. The reason is that California is a no-fault divorce state.
However, cheating on a spouse could impact the issues related to the divorce. For example, a court may consider whether adultery has negatively impacted the children, which could be a factor in child support. Likewise, if cheating negatively impacts the couple’s finances, a judge may consider that factor when deciding property division and alimony.
What Are the Grounds For Divorce in California?
The only grounds for divorce in California are:
- Permanent legal incapacity
- Irreconcilable differences
A spouse does not need to prove “wrongdoing” for a divorce. Examples of wrongdoing that break up a marriage include adultery, abandonment, and cruelty. Instead, the ground of irreconcilable differences provides that the couple cannot work together or get along to maintain the marriage. Therefore, the role of misconduct is not considered when granting a divorce decree.
How Does Adultery Impact Alimony Payments in Los Angeles, CA?
The courts do not use alimony or spousal support to punish a spouse for cheating. However, if the adultery negatively impacted the family’s finances or the cheating spouse spent marital assets on a lover, the court may consider the affair when determining alimony. It is more about financial equity after the divorce than punishment for an affair. Yet, other factors may be given more weight when determining the issue of alimony.
How Do Courts Decide Alimony in Los Angeles, CA?
Alimony, known as spousal support in California, is financial assistance paid by one spouse to another spouse after a divorce. Spousal support is not guaranteed. The court must determine that a spouse needs financial support and that the other spouse can pay financial support.
California law requires judges to consider numerous factors when making alimony decisions including:
- The length of the marriage
- The age and health of each spouse
- The needs of each spouse based on the couple’s standard of living during the marriage, including the money they have to maintain the standard of living
- The community and separate assets and debts of each spouse
- The impact working would have on the primary caregiver for the couple’s children
- The state and federal tax impact of spousal support
- Whether there is evidence of domestic violence
- Whether a spouse helped the other spouse obtain their education, training, or professional license
- Whether being a stay-at-home spouse or caring for the couple’s children negatively impacted a spouse’s career
The duration of the marriage is a significant factor in alimony cases. Marriages that last less than ten years are “short-term” marriages. Generally, alimony may not last longer than one-half of the length of the marriage.
How Can I Modify or Terminate Alimony in California?
Even though a spouse cheated on another spouse, it does not mean they will pay alimony forever. The judge must consider all the factors in the case to determine whether to order alimony.
Suppose the court orders alimony in a divorce case. If so, when can alimony be modified or terminated? California law allows for the court to modify or terminate permanent alimony in three situations:
Contingency
California Family Code §4334 allows the court to terminate alimony if the contingency is not met. For example, the court ordered alimony contingent upon the party enrolling in and completing college. The purpose was to allow the party to obtain the education necessary to increase their earning capacity. The court could terminate alimony if the party does not enroll in college or drops out.
Remarriage or Death
According to California Family Code §4337, unless the parties agree otherwise, alimony terminates upon the death of either party. Spousal support also ends when the receiving spouse remarries.
Change of Circumstances
California Family Code §4336(c) allows judges to terminate or modify spousal support for a substantial change in circumstances.
Examples of a substantial change in circumstances include, but are not limited to:
- A spouse becomes disabled because of an injury or health condition
- The person receiving alimony has a substantial increase in income
- The party paying alimony retires
- One of the parties becomes incarcerated
- Either party misrepresented their financial situation, and the correct information could have changed the court’s decision
- The party paying alimony has a substantial decrease in income
An experienced Los Angeles spousal support lawyer can help determine if you have grounds to petition the court to terminate or modify alimony.
Get More Information During a Free Consultation
Numerous factors can impact an alimony award in California. It is best to meet with a Los Angeles divorce lawyer for a free case evaluation. The best way to protect your right to a fair divorce settlement is with the help of a skilled family law attorney.
Contact a Los Angeles Divorce Lawyer Today
For more information, contact our experienced Los Angeles divorce lawyers at Berenji & Associates Divorce Lawyers by calling (310) 271-6290 to schedule a consultation.
We serve all through Los Angeles, Beverly Hills, Los Angeles County, and its surrounding areas. Visit any of our offices at:
Berenji & Associates Divorce Lawyers Los Angeles Office
550 S. Hill Street STE 1467
Los Angeles, CA 90013
(213) 277-2586
Berenji & Associates Divorce Lawyers Beverly Hills Office
9465 Wilshire Blvd #333
Beverly Hills, CA 90212
(213) 277-2586