Home > Research Legal Advice > Divorce / Separation > Wife commits adultery and I have to pay alimony? Why?
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Asked 10 months ago - San Diego, CA
FlagFound out that my wife was cheating on me so I’m divorcing her, but I also found out that I might have to pay alimony to her? Why? She cheated on me and I have to give her my money? Why does the court not take this into account? I don’t know why I have to support someone that doesn’t love me and has hurt me.
I am sorry that you are faced with such a sad situation. California has a no-fault divorce law, so the Court won't consider your wife's infidelity in determining the issue of Spousal Support. Spousal Support during a divorce case is based on your county's Spousal Support guidelines, which take your income and her income into consideration. Spousal Support at time of trial or settlement of a divorce case is based on Family Code Section 4320 considerations. You would best retain or at least consult an experienced Family Law Attorney regarding your divorce.
You really need a face to face consultation with an attorney to educate yourself on what to expect here. California is a no fault state. It does not matter who did what (with the exception of domestic violence). It does not matter who had the affair or whatever caused the split. The high earner pays support to the low earner. That's the law. See an attorney as soon as possible so he or she can advise you on what else you can expect.
Your frustration is understandable. As my colleague points out, however, this is a state that permits divorce based on irreconcilable differences, not fault. "Your money" is actually community money and the rights to spousal support are based on ability to pay. Law is not always the same as justice, but rather laws adopted by the legislature for better or for worse.
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