Adultery and divorce do not always substantially impact each other. In Florida, while the legal system does consider adultery under some specific circumstances, it is usually not a important determining factor in matters such as asset division or child custody.
Below, we explore how adultery may affect the various aspects of your divorce and what you need to know before moving forward.
Who Pays for a Divorce When Adultery Is Involved?
Many wonder, Who pays for a divorce when adultery is involved? Florida is a “no-fault” divorce state, meaning you do not need to prove wrongdoing or adultery to file for divorce. Judges may consider adultery when determining specific financial responsibilities, but infidelity alone is not the sole factor in determining financial obligations in a divorce. One specific consideration is whether the cheating spouse spent money or misused marital funds while having the affair.
For example, if one spouse used joint accounts to fund the affair—by spending money on vacations, lavish gifts, or expensive outings—the judge could decide to distribute the assets less evenly, or reimburse the wronged spouse for a portion of those funds. In other words, the judge could give more of the remaining assets to the faithful spouse who did not squander assets on an affair, or at least give the faithful spouse the money that would have existed but for the expenses of the affair.
Does Adultery Influence Asset Division in Florida?
Florida law follows the principle of equitable distribution when dividing assets. This does not mean a 50-50 split but rather what the court deems fair based on several factors. In most cases, adultery won’t affect how the court divides assets unless the adultery had a financial impact on the marriage.
If your spouse’s affair drained significant marital resources, you can ask the court to take that into account when dividing assets. However, proving financial waste can be challenging, and the burden falls on the spouse who is making that claim to show that proof.
Does Adultery Affect Alimony in Florida?
Alimony, or spousal support, is another area where adultery and divorce may intersect. In Florida, a judge may consider infidelity when awarding alimony. While adultery is not automatically grounds for receiving or losing alimony, it can influence the court’s decision, mainly if the affair caused significant financial repercussions on the marriage or marital assets.
For example, if your spouse’s infidelity led to significant expenses or debts, or if the affair affected your standard of living, the judge may increase alimony payments to account for that. However, if the unfaithful spouse seeks alimony, the court may decide to reduce or deny spousal support, depending on the case’s specifics.
How Does Adultery Impact Child Custody Decisions?
In most cases, Florida courts prioritize the child’s best interests, and adultery typically does not impact custody decisions unless it directly affects the child. For example, if the affair had a provable negative effect on the child’s emotional well-being or if the unfaithful parent exposed the child to inappropriate behavior, this could be relevant in custody decisions.
Judges evaluate many factors when determining child custody. These factors include:
- Each parent’s ability to provide a stable, loving environment;
- The child’s established home, school, and community ties;
- The reasonable preference of the child; and
- The moral fitness of the parents.
While adultery’s effect on the parent-child relationship may be a factor, it is rarely the sole reason for time sharing and custody determination.
If Your Spouse Cheats, What Happens In Divorce?
Although Florida’s no-fault divorce laws mean that neither party needs to prove wrongdoing, infidelity can still complicate the emotional dynamics of a divorce. Discovering a spouse’s affair can profoundly affect your emotions and complicate the divorce process. Negotiations may become more contentious, and one or both spouses may be less willing to settle matters amicably.
Adultery can also prolong the divorce process if one party is determined to prove the affair had a substantial impact on finances or family life. In some cases, hiring a private investigator or gathering evidence of infidelity may be necessary, which can further delay proceedings and increase legal costs.
What Should You Do If You Suspect Your Spouse of Infidelity?
If you suspect your spouse of cheating on you, it’s essential to understand how this could impact your divorce. Consulting with an experienced family law attorney is vital to evaluating your specific situation and determining whether adultery will influence your case.
An attorney can help you assess whether gathering evidence of the affair is worth the time and cost or if it’s better to focus on other aspects of the divorce, such as asset division or child custody.
Experienced Guidance from Knowledgeable Family Law Attorneys in Divorce Cases
Whether you’re concerned about the financial, emotional, or legal implications of your spouse’s infidelity, we can provide the knowledgeable and compassionate representation you need. With more than 25 years of trial experience, Beller Law, PL’s experienced family law attorneys are here to guide you through every step of your divorce process. Contact us today for a consultation to discuss your case and learn how we can help you transition to this new phase with confidence.
Frequently Asked Questions
Will Adultery Speed Up My Divorce Process?
Adultery typically does not expedite the divorce process. In fact, it can have the opposite effect. Proving infidelity often requires additional legal steps like gathering evidence or testimony, which can prolong the proceedings.
What Evidence Proves Adultery?
Proving infidelity in court can be difficult. Evidence such as admissions, eyewitness testimony, photos, emails, and text messages may be required. Also, proving adultery on its own may have no helpful effect on the divorce outcome. Further evidence is necessary to show the adultery negatively impacted the marital finances or any minor children.
Can I Get More Alimony If My Spouse Cheated on Me?
Adultery can influence alimony decisions, although it does not automatically result in a higher amount. If the affair affected your financial situation or standard of living, it might be a factor. However, each case is unique, and judges weigh many considerations when determining alimony.
Is Adultery Considered a Crime in Florida?
While adultery is technically still considered a misdemeanor in Florida, it is rarely prosecuted, and will not be handled in the family court. Instead, infidelity is primarily relevant in civil matters, such as divorce proceedings, where it can impact financial settlements or alimony decisions.
Can I Sue My Spouse’s Lover for Adultery and Divorce?
In Florida, like most states, adultery is not a cause of action for a separate lawsuit against your spouse’s lover. However, if the lover interfered with the marital relationship or caused financial harm, other legal avenues may exist. In very rare cases, the aggrieved spouse may have the option to sue for intentional infliction of emotional distress.