How Does Adultery Impact a Divorce in Florida?
Florida is a no-fault state when it comes to divorces. That means that Florida only permits no-fault grounds for divorce. An example of a “no-fault ground for divorce” would include one spouse saying that the marriage is irretrievably broken and cannot be saved. In this case, neither spouse is blamed for the breakdown of the marriage.
While Florida doesn’t permit fault-based grounds for divorce like some other states, adultery can play a factor in how the courts approach the divorce, the distribution of assets, and alimony. In this article, the Largo, FL divorce lawyers at Cairns Law, P.A. will discuss the role adultery might play in a Florida divorce.
Does my spouse pay for the divorce if they cheated on me?
No. Florida is a no-fault state when it comes to divorce. This means that you do not need to prove any wrongdoing or adultery to file for divorce. Judges can consider adultery when assigning specific financial responsibilities, but infidelity alone is not the sole factor (or even a major one) in determining financial considerations during a divorce. The sole factor that the courts will consider is whether or not the spouse “dissipated the marital estate” (or misused marital funds) while having the affair. In other words, you can’t just prove that the spouse cheated, you have to also establish that the spouse used marital resources when facilitating the affair.
For example, if one spouse used joint accounts to fund the affair by spending money on vacations, gifts, or expensive outings, the judge will consider this in terms of the dissipation of marital assets. This can then be considered when it comes time to award alimony or divide marital assets from the marital estate. In other words, the judge can decide to give more marital assets to the spouse who was cheated on because the other spouse depleted assets from their estate to facilitate the affair.
How does adultery influence asset division in Florida?
Adultery alone does not influence asset division. The Florida courts don’t really care why you’re divorcing. Bad behavior within the marriage is useful to the court for other purposes, but adultery specifically, will not impact the outcome of a divorce.
For adultery to impact a divorce, you must be able to prove that the other spouse dissipated marital assets when engaging in the affair. For instance, if one spouse ran up credit card debt to pay for the affair, then the courts may see fit to distribute that debt to the adulterer’s estate instead of making both parties responsible for it.
Talk to a Largo, FL Divorce Attorney Today
The Clearwater family attorneys at Cairns Law, P.A. represent the interests of spouses who are pursuing a divorce. Call our office today to schedule an appointment, and we can begin discussing key elements of your divorce such as equitable distribution of the marital estate, spousal support, child custody, and child support.
