Men who cheat while breastfeeding may be legally responsible

Cheating by a breastfeeding man may involve civil liability for compensation, but generally does not constitute a criminal offence. The main legal consequences include fault compensation in divorce proceedings, preferential determination of child custody, unfavorable division of joint property, etc.

1. Divorce fault compensation:

According to the Civil Code, cohabitation or bigamy with others during the marriage relationship is a statutory fault. If an infidelity during breastfeeding is proven to be a long-term and stable cohabitation relationship, the innocent party can claim compensation for mental damages during divorce. The amount of compensation is usually 5,000-50,000 yuan, which needs to be determined based on the local economic level and the degree of fault.

2. Judgment of custody rights:

Breastfeeding children are, in principle, placed in the care of their mothers. If the man has committed an obvious fault such as cheating, the court will consider this as a factor that is detrimental to the healthy growth of the child when determining custody of the child over 1 year old. But in the end, the best interests of the children are still the principle, and factors such as economic conditions and parenting ability are comprehensively considered.

3. Impact of property division:

In principle, property division in divorce will be distributed equally, but the party at fault for cheating may receive a 5%-20% reduction in property. It is necessary to pay attention to the difference in effectiveness between simple evidence of extramarital affairs, such as chat records, and evidence of legal cohabitation/bigamy. The latter requires substantive proof such as a rental contract for continuing to live together, testimony from neighbors, etc.

4. Determination of the crime of bigamy:

Only continuous cohabitation or registered marriage in the name of husband and wife constitutes the crime of bigamy. Occasionally cheating does not constitute a criminal offence, but if you give birth to a child during the affair and refuse to admit it, it may involve the crime of abandonment. The crime of bigamy is a private prosecution case, and the victim needs to collect evidence to file a criminal private prosecution in court.

5. Special protection clauses:

The Law on the Protection of Women’s Rights and Interests clearly stipulates that the man shall not file for divorce within one year after the woman gives birth. However, this clause does not limit the woman’s right to sue for divorce as the plaintiff. When a breastfeeding woman files for divorce, she can legally require the man to bear a higher proportion of child support.

If a breastfeeding woman experiences an affair with her spouse, it is recommended that she give priority to preserving the evidence chain such as call records, transfer vouchers, and room booking records, and fix the electronic evidence through a notary office. You can seek help from the Women's Federation or community legal aid center, and if necessary, entrust a lawyer to apply for property preservation. Be careful to avoid the risk of infringement caused by using privately filmed private videos as evidence. To protect your rights legally, you need to maintain emotional stability. During breastfeeding, you need to pay special attention to your own mental health. You can relieve emotional stress through professional psychological consultation.