Adultery is voluntary sexual intercourse between a married person and a person who is not his or her spouse. Adultery is a leading cause of divorce, and in some states may be relevant in determining who was at fault for the breakup of the marriage, and whether the innocent spouse is entitled to an unequal division of the assets.
In California, adultery is not considered a crime, as the state has a no-fault divorce system. This means that the court does not require proof of wrongdoing by either party to grant a divorce. Instead, a spouse can simply cite 'irreconcilable differences' as the reason for seeking a divorce. As such, the fact that one spouse has committed adultery will generally not affect the division of assets or the determination of spousal support. California's Family Code aims to ensure a fair and equitable division of property, and spousal support is determined based on factors such as the length of the marriage, the standard of living during the marriage, and the needs and earning capacities of each spouse. Therefore, adultery does not play a role in the financial outcomes of a divorce in California.