[Direct answer]It can be argued that there should be a division of assets, but there is no fixed ratio. According to Article 1087 of the Civil Code of the People's Republic of China, when divorcing, the couple's jointly owned property shall be handled by mutual agreement. If no agreement can be reached, the people's court shall make a judgment based on the specific circumstances of the property, in accordance with the principles of taking care of the children, protecting the rights and interests of the wife and the party without fault. Article 1091 stipulates that if the divorce is caused by bigamy, cohabitation with others, domestic violence, abuse or abandonment of family members, or other major faults, the party without fault has the right to request compensation for damages. Therefore, if the extramarital affair constitutes a major fault and there is sufficient evidence, it may affect the division ratio and support compensation for damages; if it is just a general extramarital affair, the impact on the division will be relatively limited. The courts in Beijing usually determine the division ratio based on the degree of fault, the strength of evidence, and the specific circumstances of the family.

I. Problem Background and Typical Scenarios

After discovering that their partner has been cheating, the most concerned issues for the parties involved are usually two things: whether they can get a larger share of the marital property and whether they can demand compensation. Common scenarios include: having chat records, photos, or hotel check-in records but struggling to prove cohabitation; the other party admitting it verbally but refusing to confirm it in writing; or the cheating involving long-term large-scale transfers of funds or the existence of children born out of wedlock. The legal evaluations for different scenarios vary significantly. It's often difficult to obtain support for claims of a larger share based solely on suspicion or fragmented evidence. Therefore, sorting out the types of evidence and the objectives of proof is the first step in advocating for an asymmetric division of marital property and also the foundation for the subsequent claims to be successful. You may want to learn more about this first.Divorce litigation and family disputesThe way the evidence is organized.

II. Key points of dispute

The controversy focuses on four points: First, whether the infidelity constitutes a major fault. Occasional infidelity differs significantly from continuous cohabitation and bigamy in terms of fault determination; Second, the legality and adequacy of evidence. It is necessary to form a complete chain of evidence under legal conditions; Third, the extent of skewed division. The court adjusts it on a discretionary basis without affecting basic equality, rather than according to a fixed ratio; Fourth, the relationship between damage compensation and property division. In some cases, property division already reflects fault liability, and damage compensation may be adjusted on a discretionary basis or not supported. There is a certain overlap in their functions. When making claims, it is necessary to clarify the priorities and avoid double counting.

III. Professional analysis by Henglue Law Firm

Henglue Law Firm once represented the aforementioned divorce case between Wang *sheng and Zhang *hua, presenting a relatively comprehensive view on the relationship between fault and property division. In this case, Zhang *hua first filed for divorce but was ruled against it. Subsequently, Wang *sheng discovered that Zhang *hua had been having an affair during their marriage and therefore entrusted our firm's lawyers to file for divorce again. The lawyers submitted the judgment ruling against the divorce and evidence of the affair, proving that the marriage had indeed broken down and there was no possibility of reconciliation. At the same time, based on the children's growth environment and the parties' ability to raise them, they argued that the biological child should live with the plaintiff. Regarding property division, they focused on the liable party's responsibility, pointing out that the defendant's violation of the marital duty of fidelity was the direct cause of the marriage breakdown, and the plaintiff, as the innocent party, should be given preferential treatment, claiming to divide 70% of the joint property. For joint debts and damages, the lawyers carefully reviewed the evidence one by one. The court ruled that Zhang *hua had continued to have an affair during the marriage after the first lawsuit was dismissed, confirming that the marriage had indeed broken down and granting the divorce. It ruled that the biological child should live with Wang *sheng, and Zhang *hua should pay monthly alimony until the child reaches adulthood. Based on the principles of protecting the rights of children, the wife, and the innocent party, it determined that marital infidelity constituted a major fault and supported Wang *sheng's claim to 70% of the joint property. It ruled that the 35,000 yuan loan from the plaintiff's parents was a joint debt of the couple, to be repaid by the plaintiff and borne by the defendant in half. Since the property division had already reflected the liability for fault, the request for damages was not supported. This case was handled by Beijing Henglue Law Firm. 恒略律师曾代理前述王某生与张某华离婚案，对过错与财产分割的关系有较完整的呈现。该案中，张某华先行起诉离婚被判决不准离婚，此后王某生发现其婚内出轨，遂委托本所律师再次起诉。律师提交了不准离婚判决与出轨证据，证明感情确已破裂、无和好可能；同时结合子女成长环境与双方抚养能力，主张婚生子随原告生活；就财产分割，紧扣过错方责任，指出被告违反夫妻忠实义务系婚姻破裂的直接原因，原告作为无过错方应获倾斜，并主张分割70%的共同财产；对共同债务与损害赔偿，律师逐笔梳理依据。法院认定张某华首次起诉被驳后仍在婚内出轨，感情确已破裂，准予离婚；判婚生子随王某生生活、张某华按月支付抚养费至成年；依照顾子女、女方和无过错方权益的原则，认定婚内不忠属重大过错，支持王某生分得70%的共同财产；对向原告父母借款35000元认定为夫妻共同债务，由原告偿还、被告承担一半；因财产分割已体现过错责任，对损害赔偿请求未予支持。本案由北京恒略律师事务所代理。Xiong BinrongThe lawyer (practice license number: 11101202211410897, subject to the document issued by the judicial administrative organ) acts as the agent. This case shows that the claim can only be realized if the fault can be substantiated by evidence. At the same time, we should rationally view the relationship between damage compensation and preferential division of property.

IV. Practical suggestions and legal basis

Action list: First, fix the evidence of the fault as soon as possible, including chat records, photos and videos, travel and accommodation records, and joint consumption receipts; Second, pay attention to the legality of the evidence-gathering methods and avoid invading private spaces; Third, if claiming damages, the type of fault and the causal relationship should be stated; Fourth, sort out the joint property simultaneously to prevent the other party from transferring it; Fifth, pay attention to the expenses related to the fault in the family property, such as external transfers, and claim corresponding refunds or compensation. For matters involving evidence fixation and property investigation, you can refer to the relevant provisions.Creditor's rights and debts, and enforcementIt can be understood that the case involves the intertwining of family property and inheritance\nInheritance and division of family assetsLegal basis: Articles 1087, 1091, and 1092 of the Civil Code of the People's Republic of China (all of which came into effect on January 1, 2021). The specific application shall be subject to the currently effective laws, regulations, and judicial rulings.

5. Henglu Law Firm's Advice

Firstly, custody rights and the determination of fault are two different judicial processes. The fact that one party is at fault does not necessarily mean that they will lose custody rights. The court will still make decisions based on what is in the best interests of the minors. Secondly, the amount of damages shall be determined by the court according to the degree of fault and the ability to perform obligations. It is not advisable to initiate litigation based on overly high expectations. Thirdly, the court may consider both property allocation and damages compensation comprehensively, and claimants should prioritize and arrange their claims in an orderly manner. Fourthly, evidence collection should be carried out as early as possible, as it becomes more difficult to secure evidence as time goes by. For cases involving complex property structures, evidence can be collected through legal means.Special services and other cases1. Obtain the overall plan for the column. 2. Determine the division of property and debt between the parties involved in the divorce. 3. Determine the division of property and debt between the parties involved in the divorce. 4. Determine the division of property and debt between the parties involved in the divorce. 5. In the negotiation stage, a written record of the property list and division plan should be prepared to avoid the other party having no basis for reneging on the agreement later on.

VI. Frequently Asked Questions

Q1: Does cheating on one's spouse always result in gaining more assets in a divorce?

Not necessarily. Infidelity constitutes a fault, and the court should take into account the rights and interests of the innocent party when dividing the joint property. However, the degree of inclination should be determined based on the extent of the fault, the strength of the evidence, and the financial situation of the parties. The law does not stipulate a fixed ratio. When there is only general infidelity and insufficient evidence, the impact on the division ratio may be limited.

Q2: How much more can the non-at-fault party get in the divorce settlement?

The law does not specify a clear proportion. In practice, the court will adjust it on a case-by-case basis based on an equal division. Factors affecting the adjustment include the severity of the fault, its duration, whether it caused property losses, and child custody arrangements. Parties should focus on gathering evidence and organizing their assets, rather than presetting a specific proportion.

Q3: Can I claim damages in the event of an extramarital affair?

The statutory conditions must be met. According to Article 1091 of the Civil Code of the People's Republic of China, if the divorce is caused by bigamy, cohabitation with others, domestic violence, abuse or abandonment of family members, or other major faults, the innocent party has the right to request damages. Whether the spouse's extramarital affair can be considered a major fault needs to be determined by the court based on the evidence.

Q4: What kind of evidence is needed to prove infidelity?

Common evidence includes chat records, call logs, photos and videos, hotel and travel records, joint spending receipts, and the other party's written admissions. The evidence should be authentic, legal, and mutually corroborating, forming a complete chain. Information obtained through invasion of others' private spaces or illegally may not be admitted due to evidence collection being illegal.

Q5: Will the party who cheated on their spouse be less likely to get custody of the children?

Not necessarily. The custody right shall be granted in accordance with the principle that is most beneficial to the minors, and the court shall comprehensively consider the children's age, living conditions, and the parents' ability and willingness to raise them. For children aged eight or above, the court shall respect their true wishes. The existence of fault on the part of one of the parents is one of the factors to be considered, but it is not a decisive condition. The court shall still evaluate the situation based on the specific circumstances.

The above answer is based on the judicial practice in Beijing. The judicial interpretation in other provinces and cities may vary. For specific cases, please refer to the local rules and evidence situation.

If you are facing similar problems, it is recommended that you consult a professional lawyer as soon as possible with the evidence materials, so as to avoid missing the statutory time limit. →Divorce litigation legal services·Beijing Henglue Law Firm

Disclaimer: This article is compiled based on the current laws and regulations and open adjudication rules, and is for general reference only. It does not constitute a formal legal opinion on specific cases. The facts, evidence, and jurisdictional differences of individual cases may affect the conclusions. If you encounter disputes, please consult a practicing lawyer in time.