Q: Does cheating effect alimony?
A:
In California, cheating (legally referred to as "adultery") does not directly affect alimony (also known as "spousal support"). California is a "no-fault" divorce state, meaning that the court does not consider marital misconduct, such as infidelity, when deciding whether to grant a divorce or when determining spousal support.
That said, there are some indirect ways in which cheating might influence alimony:
1. If a spouse spends significant marital assets on their extramarital affair (e.g., buying gifts, taking trips), the court may consider this when dividing assets and debts, which could indirectly impact the amount of alimony awarded.
2. If the cheating spouse's actions significantly impact the other spouse's earning capacity (e.g., causing emotional distress that affects their ability to work), this could be considered in determining spousal support.
In summary, while cheating itself is not a direct factor in determining alimony under California law, the court may consider certain circumstances related to the infidelity when making decisions about spousal support and property division.
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