Adultery can make a divorce more stressful, especially if it involves shared money or causes serious conflict. Still, having an affair does not automatically mean that a spouse will lose property or get less money in the divorce. Florida courts look at many facts when deciding alimony and how to divide property.
Does adultery affect alimony?
Adultery can affect alimony when it causes financial harm to the marriage. Florida courts may consider whether a spouse used marital money to support an affair when deciding an alimony award. The affair itself is not always the main issue. What may matter is how it affected the couple’s finances.
For example, a spouse may have used joint funds to pay for vacations, hotel stays or gifts for an affair partner. These expenses could reduce the money available for household needs. As a result, the court may consider them when reviewing the couple’s financial situation.
Still, adultery does not automatically increase or reduce alimony. The court also considers factors such as each spouse’s financial needs, income, ability to pay, earning potential and the length of the marriage. The financial effect of an affair may be one part of the court’s overall decision.
Can adultery affect property division?
Florida generally divides marital assets and debts equally. However, a court may order a different division when certain factors support it. Legal assistance can help you find financial records and other evidence that may affect how these assets and debts are divided.
What adultery does not automatically change
Florida follows no-fault divorce rules. This means you do not have to prove that your spouse had an affair to end the marriage. Instead, Florida law requires the court to find that the marriage is irretrievably broken.
An affair also does not automatically determine child custody, alimony or how marital property gets divided. Those decisions depend on the facts of your case. Adultery may become relevant when it affects your finances or other issues the court must decide.
Looking beyond the affair
Adultery can play a role in a Florida divorce, but its effect depends on the circumstances. Considering how the affair affected your finances and other parts of the marriage can help clarify the issues that may arise during the separation case.