How Adultery Affects Alimony in Divorce

Adultery, otherwise known as unfaithfulness or cheating, is a large reason for divorces. No matter what the situation, cheating and adultery is commonly cited as the reason for divorce, and often shows that a marriage is “irretrievably broken.” This means that one spouse did not wish to stay married and there’s no possibility of remediation. If you are recently the victim of adultery, it’s important to contact a divorce attorney for men who can help advocate for your rights during divorce.

Florida is a no-fault divorce state, which discourages parties from bringing marital misconduct issues like cheating into the court case. This means that a spouse may file for divorce without providing a reason or cause. However, adultery can play a role in how much alimony is received or given. Florida statute 61.08 says that adultery is one of the factors that Florida courts could consider when determining to award alimony. If you believe your spouse has been unfaithful, you should seek the help of a divorce attorney for men.

When determining alimony in a case that involves adultery, the court may ask to see if the act of adultery had an impact on the economics of the marriage. For example, if a mistress is involved and has traveled on trips or received gifts from the marital funds, this could factor into alimony payments. Keep in mind that adultery issues could also come into play with child custody, as the court looks at “moral fitness” when determining where a child’s time should be split.

If adultery is a factor in your divorce, contact an experienced divorce attorney for men at In Law We Trust. We can help you through this difficult time with legal support and guidance.