Call for a free initial consultation
Law Offices of Benita Ventresca408-395-8822
20 S. Santa Cruz Ave., Suite 212, Los Gatos, CA 95030
Offering Limited Scope Service
Mediation and Litigation

Infidelity and Alimony in a California Divorce

Posted on in Spousal Support

California divorce attorney, California family law attorneyMarriage is as much a legal contract as it is a romantic union. Together, you make a sacred vow that is intended to last a lifetime. In many marriages, sexual exclusivity is a significant portion of that agreement. One partner choosing to stray beyond the boundaries of the union jeopardizes the deal. In other legal controversies, a breach of contract may result in restitution. In the realm of divorce and family law, does infidelity mean that the victim in the situation is owed damages through the form of spousal support?

Even Ground

California understands that not everyone will agree on everything, which is why lawmakers made divorce possible even if one side refuses to let go of the marriage. The state is also a “no-fault” state, which means that you do not need to have a reason other than irreconcilable differences with your spouse to leave. Based on this arrangement, everyone is equal regardless of any perceived transgressions, including cheating. Therefore, if taken to court for alimony payments, the judge will not take behavior into consideration. Factors that do influence the awarded permanent spousal support are:

  • Income of both sides,
  • Future earning capacity of both parties,
  • Current living expenses,
  • Standard of living during the marriage,
  • Education, training, and licensing contributions, and
  • Dedication and time spent building the home and family.

Getting What You Want

When you go into a California courtroom to have a judge decide upon alimony, their primary goal is to ensure that both parties maintain a reasonable standard of living. Most judges do not need to hear details of how it ended, just financial facts. Many times, judges award temporary spousal support, mainly because the allotted amount of time for a hearing is 20 or 30 minutes. Temporary spousal support is calculated with the use of a schedule and only considers current income, making this solution faster and easier for the presiding judge. Many feel that this methodology is unfair. An alternate solution to a courtroom battle is to go through a process known as divorce mediation. This option does not require a judge, giving both parties equal say to create an alimony arrangement to which both can agree. Other benefits of going through mediation are:

  • Saves time and money,
  • Reduces stress,
  • Power remains with both parties,
  • Less need for future modifications,
  • Risk-free first attempt, and
  • Maintains confidentiality.

If you have reached the end of your marriage and are considering your options, many families in your situation found it useful to discuss their options with a lawyer. If you are interested in discovering a solution that works best for you and your family, contact a San Jose, CA divorce mediation attorney in the Los Gatos area today by calling the Law Offices of Benita Ventresca today at 408-395-8822 to schedule your free initial consultation. With over 35 years of experience assisting clients in the Bay Area, Attorney Benita Ventresca has the expertise and knowledge to help you through this difficult time.



Google Map Marker

Law Offices of Benita Ventresca

20 S. Santa Cruz Ave., Suite 212
Los Gatos, CA 95030

Phone Icon

Call us for a free initial consultation


Conveniently located in downtown los gatos and
close to highway 280, 85 & 880


Back to Top