Florida is a “no-fault”
divorce state, meaning that either spouse doesn’t need a reason—even
if adultery was the main cause—for the separation besides stating
the marriage is “irretrievably broken.” However, extramarital
affairs can play a role in the court’s rulings of several divorce issues.
The following are some ways adultery can affect a Florida divorce:
Alimony – According to state law, the courts may consider adultery when
determining spousal support if there was a financial detriment to the
innocent spouse. For example, if the adulterous spouse spent a significant
amount of the marital assets on his/her lover (e.g. jewelry, expensive
purses, fancy dinners, and lavish trips), the non-cheating spouse can
show he/she experienced financial detriment because the marital funds
were spent on other purposes.
Property division – Again, if the adulterous spouse depletes the marital assets on a lover,
the innocent spouse will obtain more assets when dividing community and
even separate property. The court will also take into consideration the
length of the marriage, the contribution of each spouse to the marriage,
each spouse’s financial and economic circumstances, and if one spouse’s
career was interrupted because of the marriage.
Child custody – Because “moral fitness” is a factor the court considers when
deciding child custody, the court may limit the adulterous spouse’s
custody or visitation—if the innocent parent can prove that the
other spouse’s adultery and behavior have an adverse effect on the child.
If you are interested in filing for divorce in Daytona Beach,
contact the Law Offices of Robert Stepniak at (386) 253-4750 today and schedule a free consultation.