Practice Area

Marital Damages

Damages from Infidelity or Other Wrongful Acts

In California, a divorcing spouse may be entitled to damages for any injuries or losses resulting from the other spouse’s wrongful acts (known as “marital torts”), such as sexually-transmitted diseases acquired through infidelity, rape or sexual assault, physical assault or battery, infliction of emotional distress, slander and wiretapping. Although divorce itself is not based on fault, a spouse may nevertheless be compensated for the other spouse’s deceptive, dishonest or abusive acts during marriage. 

Emotional Distress Damages

A spouse who is harmed by the other spouse’s infidelity or other wrongful acts must bring a claim for damages within two years of when the injury occurred. The spouse may recover damages upon proof that the other spouse acted intentionally, recklessly or negligently. Damages include emotional distress in an amount commensurate with the harm suffered by the injured spouse. 

Proving Marital Damages

Investigating and proving marital damages claims requires experienced counsel. At Next Legal, our attorneys have expertise in the full range of marital damages claims and have successfully prosecuted and defended claims for emotional distress and similar harm, including multi-million-dollar damages claims. 

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