There is a legal problem called marital waste. If you spend large amounts of community assets (usually in the form of dinners or vacations) on the romantic relationship, the judge may require you to compensate your spouse for half of the assets used. While the court may request the recording of emails and phone calls, if you're thinking about separating or divorcing and you suspect that your spouse has cheated on you (or is still cheating), it's critical that you seek legal advice before taking action. While the court cannot punish a cheating spouse by giving them a minor share of their share of the marital estate, there may be situations in which the court can hold the spouse financially responsible if it can be demonstrated that the marital funds were used for cheating.
