If your spouse cheated on you and you’re seeking a divorce, you’re not alone. Adultery is a contributing factor in 60% of divorces, according to one study. As a “no-fault divorce” state, Florida laws aim to help spouses move from married to single life amicably, regardless of their ex’s misbehavior. Below, we discuss how adultery affects various aspects of a Florida divorce.
Alimony
One of the most common ways adultery affects a Florida divorce is by determining how alimony, also called spousal support, is calculated. Alimony is awarded to help a lesser-earning spouse transition from married to single life for a determined period. If you request alimony, you must show that you have a financial need and that your ex can make the payments. Florida legislature passed new regulations in 2023 that allow the economic impact of an extramarital affair to be a contributing factor in determining the amount that’s awarded.
Child Support
Adultery is usually not a factor in determining the amount of child support payments unless you can prove that marital funds set aside for the children (such as their college funds) were misused due to the affair.
Asset Division
Florida uses the principles of equitable distribution to determine how property and possessions are divided in a Florida divorce. These rules ensure each spouse receives a fair share of the marital assets, even if it doesn’t equal 50%. One of the factors used to determine your fair share of the assets is whether your spouse misused marital property to support misbehavior, such as gambling, participating in illegal activities, or having an affair. If you show that joint property, funds, or possessions were used to support your spouse’s affair, you may be granted a larger portion of the assets to recover the misused funds. You may recover a larger portion of marital assets used during an affair, such as:
- Funds in joint bank accounts
- Hotel loyalty points
- Airplane miles
- Gifts
- Credit card cashback benefits
Custody
An affair rarely impacts custody arrangements. During the divorce, you will create a parenting plan that details how you’ll co-parent with your spouse. The family court then reviews the plan to ensure it acts in the child’s best interest. In rare cases, you may be able to prove that your spouse’s adulterous relationship makes them an unfit parent, which could affect custody arrangements.
Is Adultery Grounds For Divorce in Florida?
Adultery isn’t an official reason to get divorced, but it doesn’t affect your ability to file for divorce, either. In Florida, there are only two grounds for divorce: irretrievably broken and mental incapacitation. The vast majority of Florida divorces are cited as being irretrievably broken, with no other details or specifics required. You only need to state that your marriage is broken beyond repair.
What Proof Do You Need to Prove Adultery?
If you’re requesting a larger portion of marital assets or spousal support payments to compensate for the economic toll your spouse’s affair had on your marriage, you’ll need to provide evidence of the funds used for the affair. This includes credit card statements, hotel or restaurant receipts, and airline tickets.
Can a Spouse Get Alimony If They Cheated?
Either spouse can request spousal support payments during a Florida divorce, so a cheating spouse could still be granted alimony. However, how marital funds were used on the affair would determine whether alimony would be awarded and how much payments would be.
What Happens If My Spouse Dates Someone Before the Divorce Is Finalized?
You are married until the divorce is finalized. Divorce proceedings can take several months, and many are eager to reenter the dating world. However, if your spouse engages in a relationship before the divorce is finalized, it could be seen as an extramarital affair.
Remsen Family Law Firm: Advocating for Adultery Victims During Divorces
If your spouse cheated on you and you’re seeking a divorce, it’s natural to want to get a fresh start by getting the divorce finalized as quickly as possible. At the Remsen Family Law Firm, we can help move on and recover any misused funds or assets your spouse used during the affair. Call our office today or schedule a consultation online to get started.
