Does infidelity affect divorce in Florida? Many people assume that Florida’s no-fault divorce law means adultery won’t change the outcome, but the truth is more complicated.
As a no-fault divorce state, Florida does not require spouses to provide a reason for their divorce. Instead, either spouse can state that the marriage is “irretrievably broken” without noting any of the details (or, in certain cases, prove that the other spouse is mentally incapacitated).
For this reason, many people are surprised when infidelity becomes a factor in their divorce proceedings. Here are some of the ways that infidelity might affect your divorce.
How Does Infidelity Affect Divorce in Florida? 3 Key Ways It Might
Child Custody
When deciding the terms of custody and visitation, the court must determine what is in the best interest of the child. Adultery may factor into the judge’s decision when considering each parent’s moral fitness.
For this to happen, one parent must be able to prove that the other parent’s infidelity has had or is reasonably likely to have a negative impact on the child. However, moral fitness is only one of several factors that the court considers.
Division of Property
It is also possible for an affair to affect how the court distributes property after a divorce. Florida is an equitable distribution state, which means that both spouses are presumed to have contributed to the assets and debts that accumulated during the marriage. When dividing property, the court considers many different factors, including the income of each spouse, whether one spouse’s career was interrupted because of the marriage, and the length of the marriage.
The court will also consider, however, whether either spouse intentionally wasted any marital assets during the divorce. If the spouse having the affair used marital assets to pay for trips, housing, or gifts during the affair, for instance, the court may reduce the unfaithful spouse’s share of the assets.
Alimony
Similarly, if one spouse’s infidelity affected the other spouse’s financial needs after the divorce, the court may consider this when awarding alimony. For instance, if the spouse who committed adultery used funds on the affair that could have been used to benefit the family, this could change the alimony award.
The non-adulterous spouse will need to be able to prove that their spouse used funds inappropriately to finance their affair, so keeping financial records is critical.
Need help navigating your Florida divorce? Talk to an Experienced Family Law Attorney.
Your situation may differ from the above examples. In fact, no two divorce cases are the same, so it is of paramount importance that you consult with an attorney who understands the intricacies of divorce law before pursuing your case.
Do you need help navigating your divorce in Florida? I am here to guide you through the process. Get in touch with me today so we can schedule a consultation to discuss your case.
About the Author: Helena Y. Farber is a Divorce attorney in Aventura, Florida, whose practice is concentrated in the areas of divorce and family law. She can be reached at (305) 520-9205 or via email at hyf@farberlawpa.com.
Disclaimer: The attorney makes this Blog available for educational purposes only as well as to give you general information and a general understanding of the law, not to provide specific legal advice. By using this blog site, you understand that there is no attorney-client relationship between you and the Blog. The Blog should not be used as a substitute for competent legal advice from a licensed professional attorney in your state.