How Does Adultery Impact Divorce in Florida?

Adultery is one of the hardest issues to deal with in any marriage. Some couples simply cannot move past infidelity and they decide to end the marriage. When one party has been unfaithful, their spouse may feel as though they are entitled to more in the divorce to compensate for the hurt they have suffered. This is not necessarily true and family law judges will not consider a spouse’s emotions when making final decisions. Still, that does not mean that adultery will not impact divorce proceedings at all. Below, one of our Tampa divorce attorneys explains in greater detail.

Adultery is Not Grounds for Divorce in Florida

While adultery is a common reason people end their marriage, it does not provide legal grounds for divorce. The vast majority of divorces in Florida are no-fault, meaning one or both spouses must only state that the marital relationship is irretrievably broken. Neither party must accuse the other of being to blame for the ending of the marriage, and neither side must prove that the divorce is their spouse’s fault.

The only other grounds for divorce is mental incapacity of one spouse for at least three years before divorce. Although adultery does not provide legal grounds for divorce, this does not mean it will not affect a case at all.

Adultery and Property Division in Divorce

Equitable distribution governs property division in Florida divorces. This means that property acquired during the marriage is divided fairly, but not necessarily equally, during proceedings. Adultery can impact this division if it is found that marital property were used on the affair.

For example, one spouse might use marital funds from a shared bank account to pay for travel, gifts, or housing for another person. The court will consider this when making property division decisions and may adjust the division of property so one spouse is not harmed by the actions of the other.

Adultery and Alimony in Divorce

Adultery can also impact alimony decisions during divorce. The courts will consider whether the actions of one spouse had a negative financial impact on the marriage. For example, if a significant amount of funds were withdrawn from a shared marital bank account to be used on the affair, it can influence a judge’s decision. Still, alimony is not the only factor considered when decisions are being made about alimony. Others include:

• The financial needs of each spouse
• The ability of each spouse to pay alimony
• The standard of living established during the marriage
• The length of the marriage

Our Divorce Attorneys in Tampa Can Help with Your Case

If your marriage is ending due to an unfaithful spouse, you will need to prove certain aspects of the case to obtain alimony or more in property division proceedings. At All Family Law Group, P.A., our Tampa divorce attorneys can prove the negative impact the affair had on the family, as well as marital finances, so you obtain the best possible outcome. Call us now at 813-672-1900 or contact us online to schedule a free consultation and to learn more about how we can help. Se Habla Espanol.

Source:

leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0000-0099/0061/0061.html