In cases involving an extramarital affair, is there any remedy for what money might have been spent as a result of that affair?

In cases involving an extramarital affair, is there any remedy for what money might have been spent as a result of that affair? Can the innocent spouse get some of the money back?

By John Harding
May 12, 2014
CA FAQ/Asset/Property Issues

Absolutely. There is a legal doctrine that allows the innocent spouse to recover money that was spent that was not for the benefit of the marital community. So, if, during your divorce, you discover that there were expenses paid, the buying of jewellery, paying for trips with that paramour, you do have the opportunity to make the argument to the court that those expenditures were not for the benefit of the marital state and that the innocent spouse should be reimbursed to some extent.


John Harding is the principal of the law firm of Harding & Associates in Northern California. He practices family law litigation and divorce mediation exclusively. You can view his firm profile here, and visit his website here.

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May 12, 2014

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