While most people know that California is a community property state–where any asset or income acquired during the marriage is deemed to be a part of the marital estate and separate property is anything that was acquired by either spouse either before the marriage or during the marriage as a gift–many still have questions about the grey areas in between, such as where a spouse’s 401(k) falls on that spectrum, for example.

California—like many other states—is a no-fault divorce state, meaning that when parties file for divorce, neither party has to prove fault; nor does fault have any bearing on the divorce itself.

However, if one party has been unfaithful during the marriage, there are still some contexts in which this behavior might have consequences on terms of the divorce, as discussed in more detail below.