Does Cheating Impact Alimony in Florida?

Does Cheating Impact Alimony in Florida?

Posted By R. Gregory Colvin LLC || 9-Dec-2019

Adultery is often cited as one of the leading causes of divorce so if your marriage has fallen apart because someone cheated, you have plenty of company. As you head down the road toward divorce, it’s only natural for you to wonder, “Does cheating impact alimony in Florida?” Each state handles infidelity differently; some states, such as Texas, highly frown upon adultery while others are not that concerned unless it involved marital waste.

In California for example, if a spouse were to accuse their husband or wife of cheating and if they tried to use the infidelity as a reason to deny spousal support, it would fall on deaf ears. But what about Florida? If a cheating spouse is asking the court for alimony, can it be denied on the bases of infidelity? Read on as we explain how adultery impacts alimony awards in a Florida divorce.

Adultery Can Be Considered

In Florida, alimony is covered under Section 61.08 of the Florida Statutes. Under Sec. 61.08(1), it says this about infidelity: “The court may consider the adultery of either spouse and the circumstances thereof in determining the amount of alimony, if any, to be awarded.”

While the court may consider adultery, it doesn’t mean that alimony will automatically be denied if the lower-earning spouse cheated – it’s just one of the factors considered when making a decision. So, while it can be considered, there is no guarantee that infidelity will lead to the denial of an alimony award.

In addition to adultery, the court will consider the following:

  • The length of the marriage
  • The standard of living enjoyed during the couple’s marriage
  • The age and health of each spouse
  • Each spouse’s financial resources and assets
  • Each spouse’s earning capacity, education level, and vocational skills
  • The contribution of each spouse during the marriage, including childcare, homemaking, and career-building for the other spouse

When there has been adultery, the court is mainly interested in the financial impact of cheating. For instance, if a cheating husband took his girlfriend on lavish vacations disguised as “work trips” or if he bought her plastic surgery or paid her bills for a year, the court will consider it to be “marital waste” because he used marital assets to fund his affair.

To learn more about adultery and its impact on alimony, contact R. Gregory Colvin, LLC.

Categories: Divorce, Alimony

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