How Does Adultery Affect Divorce In Florida?

The Florida alimony statute states that the court may consider the adultery of either spouse and any resulting economic impact in determining the amount of alimony.  The Florida statute governing the division of assets and liabilities states that there can be an unequal distribution of marital assets and liabilities where there has been an intentional dissipation, waste, or depletion of marital assets.

How Does Adultery Affect Alimony in Florida?

A Florida court may only consider a spouse’s adultery when: (i) it can be tied to an increased financial need on the part of the other spouse, (ii) it contributed to the depletion of the financial resources of the parties, (iii) there is financial hardship and the Court needs to decide who is less deserving, or (iv) the paying party is asserting that the receiving party should receive less alimony because of adultery and the receiving party can prove that the paying party also committed adultery.

How Does Adultery Affect the Division of Assets in Florida?

In Florida, the court divides marital property based on the principle of equitable distribution. This means that assets, such as the family home, retirement accounts, and other property will be divided in a way that is fair, though not necessarily equal.

Evidence of adultery may be considered in making an equitable distribution only to the extent that adultery has caused the depletion of marital resources.  For example, if one spouse spent marital funds on an affair, whether for travel, gifts, or other expenses, the court may factor this waste of marital assets into the division of property.

No-Fault Divorce in Florida: What Does It Mean?

Florida is a no-fault divorce state. This means that you don’t have to prove wrongdoing such as adultery, abuse, or abandonment in order to file for divorce. The most common ground for divorce in Florida is irreconcilable differences. This makes Florida different from other states where you may need to prove one party’s fault in order to move forward with a divorce.

What Can You Do If Adultery Is Involved in Your Divorce?

If you’re facing a divorce in Florida involving adultery, having an experienced divorce lawyer by your side is the best way to protect your rights and interests. At the Lane Law Firm, we offer thoughtful and strategic representation to individuals dealing with complex divorce cases.

We are here to guide you through each step of the process, ensuring that your rights are protected and that the outcomes align with your best interests.

Let us help you take control of your future and secure a fair resolution as you move forward. Contact us today to schedule a consultation.