Extra-Marital Affair Can Cost More Than Your Marriage

An Extra-Marital Affair Can Cost You More Than Your Marriage.

Extra-marital affair may cost you

California is a no fault divorce state, thus, an extra-marital affair is unrelated to division of community property, availability to receive (or pay) spousal support and child support.   Also, in most situations, it does not affect custody of minor children. However, since California is a community property state, there could be a claim for a breach of fiduciary duty for the use of community property funds on a lover.

Spending community funds, or using a community credit card, to purchase jewelry, cars, pay for an apartment or home, or other expensive gifts for a lover is a misappropriation of community funds.   Fiduciary duties are well outlined in California Family law and the unauthorized use of community funds on a lover is a violation of these duties. Violation of the fiduciary duty can have serious monetary and legal consequences, and can also add to the cost of a divorce. In addition to monetary sanctions, increased attorney fees and added emotional distress for a breach of fiduciary duty, the non-cheating spouse can seek a reimbursement of the misused community funds.

If you are the spouse seeking the reimbursement keeping good financial records will assist you in tracing misappropriated community funds. For immediate help with your divorce needs, call us today 714 505-3000! Or email our family law department at gmichel@bc-llp.com. For more information on Irvine and Orange County’s divorce law firm, visit Irvine Divorce Lawyers.

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