Can Adultery Impact My Divorce Case in Florida?

Sexual relationships outside of marriage, called adultery, can break trust between spouses. If the marriage is irretrievably broken, spouses may decide to divorce. If your spouse has been unfaithful, or you have been the unfaithful one, you may wonder if your actions could affect the outcome of your divorce case. In some states, divorcing partners are required to show proof of wrongdoing to file for divorce. This is what’s called a fault-based divorce system. However, Florida follows a no-fault divorce system, where you don’t need to prove adultery or any other wrongdoing to end your marriage. Now, although showing evidence of wrongdoing is not required, infidelity can still affect some aspects of your divorce case, including alimony, property division, and timesharing. Read on to learn more.

How the No-Fault Divorce Systems Works in Florida

In Florida, you can be granted a divorce if your marriage is irretrievably broken. Simply stating you no longer wish to be married is sufficient to move forward. You don’t have to present evidence or explain the reasons behind your decision.  Even if adultery played a part in your decision to divorce, this will not influence the judge’s decision on whether to approve the divorce or not.

How Adultery May Affect Property Division and Alimony

While many people assume that the unfaithful spouse automatically receives less in the divorce, this is not always the case. It’s worth noting that Florida follows an equitable distribution system, meaning that marital assets are divided fairly and not always in a 50/50 split. However, in cases involving adultery, property division may be impacted if one spouse used shared assets in their affair.

For example, if your spouse spent a significant amount of marital funds on gifts, vacations, or hotel stays for their affair, the court may see this as a misuse of joint finances. If you can prove that joint funds were wasted, the judge may consider this and compensate you by awarding you a larger share of the marital property.

Additionally, adultery can impact alimony decisions. This would be the case if your spouse’s affair led to financial harm. If your spouse’s cheating drained shared resources or contributed to financial instability, the court may order them to pay more in alimony than they would have if it were not for the cheating.

Impact of Adultery on Timesharing

When it comes to timesharing, Florida courts prioritize the best interests of the child. Florida favors the child receiving care and attention from both parents even after divorce. Adultery will not necessarily affect timesharing. However, the court may consider if it affects the ability of a parent to take care of their children. For instance, if your spouse moves in with the romantic partner they were having an affair with, the court may question whether exposing the children to a new relationship so soon is in their best interest. Also, if a parent is determined to prioritize their new romantic relationship over their parenting responsibilities, it could affect the court’s decision.

If you’re facing a divorce in Florida and are concerned about the impact of adultery in your case, a skilled divorce lawyer may help. They can help you understand how the infidelity may impact your case, gather necessary evidence, and fight for a fair outcome.

Contact an Orlando divorce Lawyer Today

If you’re going through a divorce and would like to understand your legal options, contact our Orlando divorce lawyer at the Arwani Law Firm today for legal guidance.

Source:

ir.law.fsu.edu/cgi/viewcontent.cgi?article=1838&context=lr