What Is Marital Misconduct in Divorce Law?

Posted in Appeals,Divorce on April 5, 2026

A marriage can dissolve for a range of different reasons. In some cases, spouses simply drift apart, and the breakdown of the marriage cannot be attributed to one person. But in other cases, marital misconduct like adultery or abuse may have been at play.

If you are pursuing a divorce in California, you may wonder about the role of marital misconduct and how it might affect your divorce process. California is a no-fault divorce state, meaning misconduct generally isn’t a factor courts consider when determining whether to grant a divorce. Still, it might affect certain determinations in the divorce process, depending on the circumstances.

If marital misconduct is relevant to your divorce, speak with your divorce lawyer in Carlsbad for clarity about how this could affect your case.

What Is Marital Misconduct?

Marital misconduct can refer to any type of misbehavior that one or both spouses exhibit during the marriage. In some cases, marital misconduct is what drives a couple to divorce. Examples of marital misconduct may include:

Infidelity
Physical or mental abuse
Spousal abandonment
Substance abuse
Destruction of property
Reckless spending
Emotional misconduct
Deprivation of basic needs

Some states recognize fault-based grounds for divorce. If there was marital misconduct in a marriage, one spouse may be able to cite this behavior as grounds for divorce, attributing the issue to their spouse. This could give them strategic or legal leverage throughout the divorce process, potentially leading to more favorable financial outcomes that compensate them for the misconduct.

However, California is a no-fault divorce state. This means that a fault-based divorce is not an option in California, and attributing the breakdown of the marriage to misconduct will not necessarily affect the divorce’s outcome. That being said, certain types of misconduct may impact processes within the divorce, such as property division or child custody, depending on the circumstances.

How Marital Misconduct Can Impact a Divorce in California

In general, marital misconduct has no bearing on the divorce process, meaning that courts have pre-determined methods of deciding on issues in the marriage, and neither spouse needs to prove fault. However, some examples of marital misconduct can factor into a divorce case, depending on the circumstances.

Judges review a range of factors when making determinations on essential processes in the divorce. If the marital misconduct is relevant to their decision-making process, this misbehavior may lead to more negative outcomes for the spouse who committed the wrongdoing.

Property Division

California seeks to distribute property with an equal, 50/50 split in divorce cases. Marital misconduct will not necessarily impact how property is divided. For example, just because one spouse admitted to cheating on the other does not mean that they deserve a lesser portion of the property division.

However, marital misconduct can sometimes describe financial misconduct. If one spouse has been hiding assets during the divorce process or was found to have lied on their financial disclosure, the court may consider this wrongdoing when determining property division. In some cases, the court may order that person to financially compensate their spouse for the misbehavior.

Additionally, if one spouse wasted marital assets on gambling or an extramarital affair, for example, the court may consider that when deciding how to distribute property. Spending a significant amount of money without the other spouse’s permission after the divorce has been initiated can also negatively impact the property division process.

It’s worth bringing up marital misconduct during property division in case this impacts the judge’s decision.

Spousal Support

Spousal support sometimes arises in divorce cases in which one spouse was a significantly higher earner than the other. The lower-earning spouse may be able to receive payments from the higher-earning spouse for a certain amount of time after the divorce to make up for this income discrepancy.

The court considers a range of factors when determining whether to award spousal support, such as each spouse’s income, assets, earning potential, and more. But a history of domestic violence can also have a significant bearing on the court’s decision.

In California, there is a rebuttal presumption against awarding spousal support to a spouse convicted of domestic violence. This conviction could bar them from receiving support in many cases.

Child Custody

Certain types of marital misconduct can also impact child custody decisions, particularly if the misconduct relates to the spouse’s parenting abilities. For example, any of the following actions could negatively affect a spouse’s ability to gain joint custody:

Neglecting parental duties or putting their child in harm’s way to pursue an affair
Recklessly spending money that would have been used to care for the child
Committing domestic violence against any member of the household
Making reckless decisions due to addiction or substance abuse

Still, custody decisions are determined on a case-by-case basis depending on what would be in the child’s best interests.

Child Support

Marital misconduct could also impact child support determinations if one spouse lied about their income or assets. While child support is calculated based on specific formulas, the court may adjust its calculations after finding out that one parent intentionally lied about their earnings to avoid paying a fair amount of support.

Proving Marital Misconduct in a Divorce Case

If you believe your spouse’s marital misconduct is relevant to your divorce case, it may be necessary to collect evidence of their misbehavior to present in court. Your attorney can help you understand what types of evidence could be helpful. Examples may include:

Text messages between you and your spouse discussing the misconduct
Photos of the misbehavior
Arrest records or police reports of domestic violence
Witness statements from those who saw the misconduct
Financial documents showing reckless spending or hidden assets
Testimony from mental health or medical professionals discussing signs of substance abuse or addiction

Leveraging Marital Misconduct During Mediation

Family court judges may not care much about the marital misconduct in your divorce case. They would generally focus on the misconduct that relates to their determinations, and something egregious that your spouse did may not end up having any influence over the judge’s decision.

However, you may be able to use misconduct as leverage during mediation or negotiation sessions. Perhaps your spouse cheated on you, and you use this as evidence that you deserve to keep the marital home and primary custody of the kids while your spouse pursues their new life. In some cases, the unfaithful spouse may agree to this arrangement.

Still, marital misconduct won’t compel your spouse to make any concessions in the divorce case. It might be helpful to manage your expectations about how misconduct could affect your divorce. In many cases, the outcomes of the divorce are the same regardless of whether misbehavior was at play.

Speak With Our California Divorce Attorneys Today

Understanding how marital misconduct might affect your divorce is important as you prepare for this legal process. Many people are unaware of how abuse can affect their divorce outcomes, adding to the list of reasons why recognizing the signs of domestic violence is so important.

If you are preparing for a divorce in California and marital misconduct is at play, our attorneys at Ratzer | Dobis can provide legal guidance and support. Contact our divorce attorneys today at 858-793-7700 to request a free consultation.