how adultery affects divorce in Florida

Your spouse is cheating on you and you have decided to get a divorce. Most people want to know how adultery affects divorce in Florida. Under Florida divorce law, Florida is a “no-fault” state, which means any person can ask the court for a divorce without proving the specific reasoning behind seeking the divorce, like adultery for instance.  See Florida Statute 61.052. This “no-fault” law in Florida saves the Court from having to decide which party is at fault and relieves the parties from having to share painful and personal facts to the court in order to prove their case. Even though Florida is a “no-fault” state the affair could play a factor in the court’s rulings regarding equitable distribution, alimony and parenting. For information about a specific case or set of circumstances please contact a Tampa divorce lawyer for legal advice.

How Adultery Affects Divorce in Florida: Division of Property

In Florida, equitable distribution is decided by Florida Statute 61.075 and starts with the premise that all the assets and liabilities should be divided fairly in a divorce case. Florida Statute 61.075 can be used to help determine how adultery affects divorce in Florida.  While equal distribution is the starting point, there are a few justifications for an unequal distribution of the parties’ assets and liabilities, such as: the intentional dissipation, waste, depletion, or destruction of marital assets after the filing of the petition or within 2 years prior to the filing of the petition. Therefore, if your spouse depleted marital assets by purchasing trips, expenses dinners and gifts during the affair, the court may compensate you for your partner’s waste of marital assets or debts  incurred. For more information on how adultery affects divorce in Florida regarding division of property, contact a Tampa divorce lawyer.

How Adultery Affects Divorce in Florida: Alimony

Alimony is one of the ways how adultery affects divorce in Florida. See Florida Statute 61.08.  However, in order for the affair to affect the divorce in Florida, there needs to be a legal base for its decision. For instance, under Florida divorce law, testimony relating to the infidelity of either party is material evidence which may be presented to the court for consideration in its decision to grant or deny either party an award of alimony.  See Enfinger v. Enfinger.

If there was a prenuptial agreement regarding alimony, adultery may affect how the prenuptial agreement is handled in a divorce. For instance, if the prenuptial agreement has a provision to waive alimony unless the basis for the dissolution is adultery, physical abuse, mental or emotional abuse, the adultery can result in alimony being awarded. See Weymouth v. Weymouth. For more information on how adultery affects divorce in Florida alimony cases, contact a divorce attorney in Tampa.

How Adultery Affects Divorce in Florida with Child Custody

Under Florida divorce law, judges must makes decisions relating to child custody based on the child’s best interest. See Florida Statute 61.13. Thus, there are many examples of how adultery affects divorce in Florida with child custody. For instance, the affair may weigh in on the Judge’s decision under the “moral fitness” factor in Florida Statute 61.13. The adultery also may become relevant if the affair has hurt the child emotionally. Additionally, if the paramour has a criminal record or negative past it can be a factor when deciding how adultery affects divorce in Florida.

Tampa Divorce Law Firm

Divorce cases involving affairs can be very complicated and Florida Law Advisers, P.A. can help. If you need assistance with a divorce case call us at 800 990 7763 to speak with a divorce attorney in Tampa. Our initial consultation is free and we offer flexible payment options to all of our clients.