When it comes to whether the other party can divide more property, it is more likely that the derailed party will divide less property after the formal implementation of the Civil Code, because the "other major fault" clause has been added to the list of fault types in the Civil Code, so that "derailment" may be identified as "fault", so that the innocent party can not only claim compensation for divorce damages, but also ask the court to let the derailed party be less according to the principle of taking care of the rights and interests of the innocent party. However, whether the derailment can be regarded as a major fault depends on the judge's free evaluation of the evidence. The law does not stipulate how much property the innocent party should divide. According to experience, the proportion of more points may not be very high. Cheating is an act condemned in moral sense, but it is not the main reason that can determine the distribution of divorce property in legal sense. Different family circumstances and different litigation schemes will result in great differences.
Refer to Article 1087 of the Civil Code: At the time of divorce, the joint property of husband and wife shall be handled by mutual agreement; If the agreement fails, the people's court shall make a judgment based on the specific circumstances of the property and the principle of taking care of the rights and interests of the children, the woman and the innocent party.
The rights and interests enjoyed by husband and wife in the contracted management of family land are protected according to law.
Article 109 1: In case of divorce under any of the following circumstances, the innocent party has the right to claim damages:
(1) Bigamy;
(2) Living with others;
(3) committing domestic violence;
(4) maltreating or abandoning family members;
(five) there are other major faults.