What does my wife get after divorce if she cheated?

UPDATED: Oct 1, 2022

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What does my wife get after divorce if she cheated?

I am a woman who married her wife a couple of years ago. I am in the Marines and have recently found out my wife is now pregnant. Will she be getting half of everything I have? If not, what will she be granted on being able to take from me?

Asked on November 16, 2017 under Family Law, California


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

Answered 5 years ago | Contributor

I am so sorry for your situation.  The rule is that bad behvaiour in a marriage or an affair does not change the way a judge divoed marital assets in a divorce.  There are a few exceptions to that as it relates to child support and maintenance. ANd sometimes if the cheating spouse dissipates a marital asset in favor of the party to the affair.   Please make sure that you go and speak with a lawyer who understands military pensions and how they accure during a marriage so that your settlement may properly reflect same.  Good luck and thank you for serving our country. 

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