Generally, the State of California implements the “no fault” policy in marriage dissolution cases. The reason for this may be that divorce could already be emotionally and psychologically burdensome to those involved, that’s why courts do not litigate matters involving emotions, like spousal infidelity for example.

But getting involved with another could hurt the financial outcome of the divorce for the spouse asking for support, because this other person may provide for her. The court may find that these benefits provided, such as living expenses and living situation, could prove that she is in the same position as she was during the marriage, which could lower her spouses spousal support obligation; it is within the court’s discretion to determine whatever is “just and equitable” for all those concerned [California Family Code §§ 4320, 4330(a)].

In a petition for dissolution, it is enough that “[i]rreconcilable differences, which have caused the

irremediable breakdown of the marriage” be pleaded generally [California Family Code 2310 (a)]. Allegations of misconduct, such as infidelity, are “improper and inadmissible” [Fam. C. 2335]. Therefore, technically “fault” or “innocence” usually does not determine spousal support or division of properties between spouses, but it is for the courts to determine the amount if and when support will be awarded.

Working with an experienced divorce and family law attorney could ensure proper claims and recovery in a divorce proceeding.