Though Florida is a no-fault divorce state and a couple can file for divorce if they no longer get along, there are some circumstances where adultery is considered in a divorce. Under Florida Statute § 61.08, courts may do the following: “consider adultery of either spouse and the circumstances in determining the amount of alimony to be awarded.”
What is Alimony in Florida?
Alimony is financial support that is paid from one former spouse to another spouse, typically on a monthly basis. This support is given when the marriage ends and every jurisdiction handles alimony differently from the next. In Florida, divorce court judges will determine how much alimony should be paid to a spouse, as well as for how long it will last.
To award alimony, a judge will have to establish the following facts:
- One spouse requires financial support in the form of alimony so that they can pay their living expenses for the time being
- The paying spouse must be able to financially afford alimony in addition to their own living expenses
Can Adultery Affect Alimony?
Alimony is not actually guaranteed in Florida, as it is only awarded depending on the circumstances of the case. There are many factors that the judge in your claim will take into consideration when determining alimony, from a spouse’s ability to pay to the length of the marriage before the divorce.
Since the courts consider several aspects when determining alimony, infidelity is one of them. As a general rule, courts in Florida will consider adultery, as well as other factors, when they are trying to determine if a spouse is eligible for alimony and if the obligor should pay. However, it is important to note that it is only one aspect to be considered and that the court will make a decision based on various factors.
If you are a spouse who has engaged in adultery and now you are requesting alimony in Florida, you should know that the act of adultery does not automatically disqualify you from obtaining alimony. Likewise, a spouse who has engaged in acts of infidelity will not be ordered to pay alimony based solely on the infidelity.
Do I Have to Prove Adultery to Receive a Divorce in Florida?
No, you do not have to use adultery as your reason for filing for a Florida divorce. Since Florida is a “no-fault state,” this means that a spouse is permitted to ask for a divorce at any time and will be granted that divorce no matter who is allegedly at fault for the divorce. As long as the spouses can show that they are incompatible, they will be granted a divorce in Florida.
If you have been unfaithful or your spouse has committed adultery in your marriage, you may have questions regarding how this will affect many aspects of divorce. Adultery is not a necessary reason to file for divorce in the first place, but it may affect alimony, child custody, division of property, and other aspects of your divorce in some ways. This is why it is important that you seek legal help if you are moving forward with a divorce in Florida.
How a Florida Divorce Lawyer Can Help You
At Robert Sparks Attorneys, our Florida divorce lawyers take your divorce seriously from start to finish. It can be difficult to navigate the laws regarding the filing of divorce, alimony, and many other considerations that must be made between you and your former spouse. We recognize that these factors can impact your life in many ways, which is why we are here for you when you need us most. Please contact us for a consultation to get started on your divorce case.
