How Does Infidelity Affect Divorce Proceedings in Florida?
Infidelity remains one of the leading causes of divorce today. Whether you or your spouse had an extramarital affair that led to the breakdown of your marriage, you may wonder how the situation will affect divorce proceedings. As with so many legal issues, the degree to which infidelity will impact your divorce case depends on many factors. Below, our Orlando contested divorce lawyer explains in greater detail.
Florida is a No-Fault Divorce State
The vast majority of divorces in Florida are filed on no-fault grounds. This means the two spouses do not have to agree to divorce and neither is required to prove the other party is at fault for the breakdown of the marriage. Most divorce cases are filed on the grounds of irreconcilable differences. This simply means there has been an irreparable breakdown in the marital relationship.
Unlike in other states, adultery is also not grounds for divorce in Florida. This means a spouse cannot file divorce solely because their spouse had an affair, nor do they have to prove it throughout their case. However, proving infidelity and the impact it had on the marriage can help faithful spouses obtain a better settlement in some cases.
How Does Adultery Impact Alimony in Divorce?
Adultery can impact alimony proceedings slightly during divorce. Under Florida Statute 61.08, family law judges can take infidelity into consideration when making decisions about the amount of alimony to award. Still, when determining whether to award alimony, family law judges must consider a spouse’s need and the other spouse’s ability to pay as the main factors. Likewise, if adulterous spouses have a need for alimony, an extramarital affair alone cannot prevent them from receiving it.
How Does Infidelity Impact Property Division in Divorce?
Like alimony, adultery may or may not impact property division proceedings during divorce. In a 2016 landmark decision, the First District Court of Appeals determined that infidelity on its own is not enough to warrant a loyal spouse being awarded more marital property in divorce than an adulterous spouse. Instead, it must be proven that the adulterous spouse spent marital funds on the affair.
For example, an adulterous spouse may use funds in a joint bank account they share with their spouse to purchase vacations or luxury items with the person they are in an extramarital relationship with. Or, they may purchase gifts or pay the bills of the non-spouse. In these instances, family law judges may award the faithful spouse more in property division proceedings to compensate for the loss of assets.
Still, it is important to know that spouses will not lose everything simply due to an affair. The courts will still follow the equitable distribution laws of the state, ensuring assets are divided fairly.
Our Contested Divorce Lawyer in Orlando Can Advise On Your Case
Adultery can bring some unique challenges to divorce but the courts still attempt to resolve issues in a manner that is as fair as possible. At Anderson & Ferrin, P.A., our Orlando contested divorce lawyer can advise on the facts of your case and ensure you receive the fairest settlement possible. Call us now at 407-412-7041 or contact us online to schedule a consultation and to get the legal help you need.
Sources:
leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=0000-0099/0061/Sections/0061.08.html
flcourts-media.flcourts.gov/content/download/218869/file/Case-Law-Update-Sep-2016-final.pdf
