Does Adultery Affect Divorce In Florida?

Couples divorce for many reasons, and infidelity is at the top of the list. Florida is a no-fault divorce state, which means the spouse that files first does not have to accuse their partner of causing the marriage to fall apart. They simply have to state that the relationship has broken down and there is no chance of reconciliation. In this way, adultery has no bearing on a couple’s ability to get a divorce.

Still, this does not mean that adultery is irrelevant in a divorce case. In fact, infidelity can impact a divorce case in a number of ways. Below, our Tampa family lawyer explains how.

Property Division

Florida is an equitable distribution state, which means marital assets are divided fairly. This does not always mean property is divided fairly. Adultery is unlikely going to have much impact on property division matters, but there are exceptions. For example, if one spouse spent marital funds on the affair, such as buying gifts or renting hotel rooms, that could result in the other spouse receiving more in property division.

Spousal Support

Spousal support, more commonly known as alimony, is often awarded during divorce cases. A judge will take many factors into consideration when awarding alimony. The law in Florida is very clear that a judge has the authority to take infidelity into consideration when they are awarding alimony. A judge can consider an extramarital affair not only when awarding alimony, but also when deciding on the amount and the duration it is to be paid. If adultery is part of your divorce case and you think you deserve alimony, or will be ordered to pay it, you should consult with a Tampa family lawyer about your case.

Parenting and Time-Sharing

In Florida, child custody is referred to as parenting and time-sharing. When making these decisions, a judge will only consider what is in the best interests of the child. Adultery can sometimes affect these decisions, although that is not always the case.

One of the many factors a judge will consider when awarding child custody is the moral fitness of each parent. The court may consider the affair and determine that the parent who had it is not morally fit. Still, an affair alone is not usually enough to lose parenting time.

For adultery to affect this term of divorce, the other spouse should present clear evidence that the cheating spouse is not morally fit. For example, if the spouse who had the affair regularly forgot to pick their child up from school because they were having an affair, that could work in the other parent’s favor.

Our Divorce Lawyers in Tampa Can Advise on Whether Adultery will Affect Your Case

If you are getting a divorce, our Tampa divorce lawyer can protect your rights regardless of the issues your case involves. At All Family Law Group, P.A., our skilled attorney will guide you through the process and make it as smooth as possible for you while obtaining the fairest settlement possible. Call us today at 813-672-1900 or contact us online to schedule a free consultation.  Se habla Español.

Resource:

leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0000-0099/0061/Sections/0061.075.html