Does Cheating Affect Spousal Support in FL?
Divorce is a complex situation. There are many elements involved, and each state has different laws. For example, in some states, cheating on your spouse can affect your divorce.
Is this true in Florida? It depends. Florida is a no-fault state when it comes to divorce, so a spouse does not need to be blamed for causing the marriage to end. However, there is state law to consider. Under Florida Statutes Section 61.08, when determining the amount of alimony, the court may consider the adultery of either spouse and any resulting economic impact.
What this means is that the fact that one spouse cheated on the other is not enough to prevent the award of alimony. The court will look for financial effects related to the adultery. For example, if your wife is asking for alimony but she used marital funds to buy gifts for her affair partner or took them on expensive vacations, then her alimony will likely be affected. She will receive a lower amount or possibly none at all.
It is also important to note that adultery could potentially affect other aspects of the divorce proceedings, such as property division or child custody. This is the case if the cheating had a financial impact on the marriage or if it affected any children involved.
However, cases of adultery are not “he said/she said” situations. The non-cheating spouse will need to be able to show proof of financial detriment due to the cheating. They must be able to show that marital assets, which could have been used to benefit the marriage, were instead wasted on non-marital purposes and used to further the adultery.
Other Factors
Adultery may or may not be a factor in alimony, depending on the situation. The court will consider many other factors when determining whether to award alimony and in what amount. These factors include:
- The financial resources of the spouse seeking maintenance. This includes separate property as well as marital property.
- All sources of income available to either spouse.
- The length of the marriage.
- Each spouse’s age and physical condition.
- Each spouse’s contribution to the marriage, including homemaking, child care, education, and helping the other spouse build a career.
- The standard of living the spouses enjoyed during the marriage.
- Each spouse’s earning capacity, educational history, and employability.
- The time and expense required by the recipient spouse to obtain appropriate education and training.
Contact Our West Palm Beach Divorce Lawyer Today
If you are divorcing in Florida, you may want to make note of alimony laws. If you cheated on your spouse, your spousal support may be affected.
West Palm Beach divorce attorney Brian K. McMahon, P.A. can provide you with accurate information and viable solutions. We’ll help you understand what you’re up against. To schedule a consultation with our office, call (561) 658-1789 or fill out the online form. We serve the West Palm Beach, Boca Raton, Port St. Lucie, and South Florida areas.