Is a Spouse's Weight Gain Acceptable Grounds for Divorce?


Adultery may be the most commonly cited reason for a divorce, but area divorce attorneys see couples wanting to end their marriage for many different reasons. One of the more unusual reasons for wanting a divorce, however, is one spouse being upset about the other's weight gain.

A recent Huffington Post article attracted widespread attention when it featured quotes from several men and women who viewed a spouse's weight gain as acceptable grounds for divorce. Some claimed their objections were related to the health issues associated with obesity, but plenty admitted to just finding the idea of an overweight spouse sexually unappealing.

From a legal perspective, you don't need any grounds for divorce. With the advent of no-fault divorce laws, you can divorce your spouse for whatever reason you want. Some of us might view ending a marriage because someone packed on a few pounds as a shallow and selfish move, but there's no law that prohibits this behavior. No-fault divorce laws allow a divorce on the grounds of irreconcilable differences, which is a blanket term encompassing all forms of disagreement between a couple.

If your spouse wants a divorce because you've gained weight, it's natural to feel hurt and embarrassed. But you shouldn't let your spouse's issues affect you in court. Regardless of your weight, you have certain legal rights in a divorce proceeding. Do not let your spouse's judgmental attitude intimidate you into accepting a settlement that is not in your best interests.

California is a community property state, so you are entitled to an equitable share of all marital assets regardless of whether or not your spouse thinks you did something to "cause" the divorce. If you are not working outside the home at the time of the divorce, you may also be entitled to spousal support.

How Can We Help?

If your spouse has said that he or she wants a divorce, please call our office at (626) 683-8113 or email us at Our skilled Pasadena divorce attorneys can provide the expert legal representation you need to obtain a settlement that will allow you to successfully move on to the next chapter of your life