Can spousal support be revoked or adjusted after the divorce is finalized if the supporting spouse finds out there was an affair during the marriage?

The spouse that is receiving the spousal report had an affair during the marriage. Can the paying spouse take them to court and have the support revoked or adjusted if they found out about the affair after the divorce has already been finalize?

Asked on August 30, 2011 California


M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

I am so sorry for your situation.  I can understand how angry you must be and that you feel the need to in some way vindicate yourself.  But in the state in which you live - in a legal sense of the matier - adultery is irrelevant in California.  Since California law creates no-fault divorce, adultery has no legal penalties associated with it regarding child custody, support, and division of assets.  However, there is some discussion about the application of the matter in the Family Law in California.  But that generally has to do with co-habitation after divorce.  And most divorce decrees state that when co-habitation happens support ends.  Good luck.

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