Do I Give Up My Share of My Spouse's Retirement If I Had an Affair?

In many a Florida divorce, one spouse or another has committed adultery.  That can become an issue when it comes to the property division.  Expert St. Petersburg divorce lawyers are often asked how much will the adulterous spouse sacrifice when it comes to a showdown in court.

A specific question that has been asked in our office had to do with whether the affair would cause a sacrifice of some or all of our client's share of the other spouse's retirement.  One additional fact needs to be known before answering the question.  Did the affair result in the expenditure of marital funds?

Before adultery can result in an unequal division of property, it must be shown that the adulterous spouse had actually spent money on the affair.  If the affair occurred in the back of a car at a local park, no money was spent.  If $10,000 was spent meeting up in Tahiti, then you are likely to lose $10,000 of your share of the retirement or some other marital asset.  Other than that, judges in divorce cases typically don't penalize you.a

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