If I can proved that my husband was cheatting and that is the reason of our separation, do I get more than the 50% of the assets?

UPDATED: Jun 22, 2015

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If I can proved that my husband was cheatting and that is the reason of our separation, do I get more than the 50% of the assets?

I know the law varies.

Asked on June 22, 2015 under Family Law, California


M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 7 years ago | Contributor

Assuming that you divorce and s you seem to be aware, CA is a community property state, and as such you and your spouse equally own anything acquired during the marriage (except if either spouse received it by gift or inheritance). This is your "marital estate" which includes income. So while adultry does not automatically effect the division of assets, it can if the cheating spouse spends any of their  income on their lover. That's because it is effectively taking it from the marital estate, so the court will hold that spouse accountable and will order them to reimburse the marital estate for half the money spent (i.e. the innocent spouse's share).

At this point, you really should consult directly witha divorce attorney who can best advise you further.

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