Last Updated on January 8, 2026
Adultery is not a crime in California. While infidelity is a common reason for the breakdown of a marriage, California is a strictly no-fault state, meaning the court does not punish a spouse for having an affair. Adultery refers to sexual relations with any person who is not your spouse, which includes intimate acts between individuals of the same sex or opposite sexes.
Definition and Implications of Adultery in California
Adultery is the act of a married person having sexual relations with someone other than their spouse. In California, this act carries no criminal or civil penalties, as the state does not recognize adultery as a crime or a ‘tort’ (a reason to sue). Implications of Adultery implies that the action of adultery is not only a personal offense against one’s spouse, but it can also damage your marriage and family by affecting the community.
What Role Does Adultery Play in a California Divorce?
Adultery can have a significant role in a California divorce. It is “conduct which destroys the marital relationship.” In other words, it’s behavior that breaks up a marriage by having an affair or sexual relations with someone else while married to another person. Adultery is not a legal ground for divorce in California. As of 2026, there are only two grounds for dissolution: irreconcilable differences and permanent legal incapacity. Evidence of an affair is generally irrelevant to the judge’s decision to grant the divorce.
Adultery can be a major factor in deciding alimony and child custody. California is called a “no-fault” divorce state, which means adultery doesn’t need to be proven for the judge’s consideration or decision if you file under irreconcilable differences (a form of no-fault).
However, even though it isn’t a required factor to prove, adultery can still heavily impact the outcome of your divorce case. If you’re seeking alimony or sole custody of your children, for example, your spouse’s adultery could work against them.
As of January 1, 2026, California state tax law has officially aligned with federal law. For all new divorce agreements, spousal support is no longer tax-deductible for the payer, and it is not taxable income for the recipient. This ‘tax-neutral’ status significantly changes how alimony amounts are negotiated in 2026.
Generally speaking, the court will look at several factors when making decisions about child custody and support.
How Does Adultery Affect Divorce in CA?
If your spouse cheated on you, but you don’t want to get a divorce, California law still allows you to file for legal separation. This will give you some of the same rights and protections as a divorced couple would have, such as child custody and division of property You are not allowed to remarry until the legal separation is complete.
There are also several ways that adultery can impact alimony payments in California. If your adulterous spouse was receiving spousal support from you at the time of the affair, that support may be terminated or reduced.
How adultery impacts divorce in California:
– In many states, including Florida, New York, and California – proving that your spouse cheated on you is enough to receive a financial settlement from them because they “abandoned” the marriage (or relationship).
– Most courts will consider alimony payments if there was an affair involved before filing for divorce.
– The court may also consider whether one party has been unfaithful when determining which parent should get custody over children born during the marriage (if any).
– Infidelity typically has no impact on child custody. California courts make custody decisions based solely on the ‘best interests of the child.’ A parent’s dating life only becomes a factor if it directly endangers the child’s safety or well-being.
In 2026, couples can use the new Joint Petition (SB 1427) to finalize their divorce cooperatively. While adultery often makes cooperation difficult, choosing this path can save both parties thousands in filing and service fees if they can agree to move forward without litigation.
How Does Adultery Affect Alimony Awards in California?
One of the most common questions people have about adultery laws in California is how they affect alimony awards. In general, courts will consider adultery when making decisions about spousal support. There are a few things to keep in mind, though.
- First, if the adulterous spouse was financially dependent on the other spouse, that spouse may be entitled to more alimony.
- Second, in 2026, California judges do not consider ‘social station’ or moral conduct when awarding alimony. However, if a spouse used ‘community funds’ (marital savings) to pay for trips, gifts, or hotels for an affair, the court may order them to reimburse the other spouse for that financial waste. Instead of ‘social standing,’ California judges focus on the ‘Marital Standard of Living.’ This is a technical evaluation of the lifestyle the couple maintained during the marriage (housing, travel, savings) to determine a fair support amount that allows both parties to remain close to that standard.
- Third, under certain circumstances, courts can order one party to pay temporary alimony for several months while permanent arrangements are made after a separation but before a final decree of dissolution is entered.
Conclusion
Adultery can have a significant impact on alimony awards in California, but the specifics of each case will depend on the unique circumstances involved. If you’re considering filing for divorce and are worried about how adultery might affect your case, it’s important to speak with an experienced family law attorney who can advise you on your best course of action.