Florida Statute §61.08 oversees the circumstances in which alimony is decided during a divorce. A section in this statute states that adultery of either spouse may be considered when the court determines alimony; however, this will depend on several different factors.
How is Alimony Typically Considered in Florida?
There are some important factors that come into play when determining the need for alimony, or financial support from one spouse, in a divorce. First off, the court will determine if alimony is actually needed and whether or not the paying spouse can afford it. These are some of the factors that will help them decide this:
- The standard of living during the marriage
- How long the marriage lasted
- Age/physical condition of the spouses
- The financial resources that both parties have
- Contribution of the marriage by both spouses
- All sources of income that the spouses have
These, and several other factors, are generally the most important considerations when the court determines alimony and the paying spouse’s ability to make payments to the other spouse.
Do Florida Courts Consider Adultery in Alimony Determinations?
Florida is considered a “no-fault” state when it comes to divorce. This means that the court does not typically consider the reasons that led to a divorce, including if your ex-spouse was having an affair. However, certain situations throughout divorce may be affected by adultery depending on the circumstances.
It is important to note that adultery does not automatically impact a decision for alimony in a Florida divorce. However, adultery sometimes has an impact on the financial resources of a marriage. For instance, your family’s financial situation may have become dire if your ex-spouse was paying their other partner’s bills behind your back. In these cases, the court may decide that it is in your best interest, as well as your children’s, that the cheating spouse pays more alimony so that your family can get back to normal life financially.
Taking all these factors into consideration, there is a chance that adultery could affect alimony in some cases. This is why it can be beneficial to speak with a Florida divorce lawyer if you have questions concerning your case.
Should I Hire a Divorce Attorney to Help in My Case?
When you are trying to make important decisions regarding alimony, child custody, or division of assets, you can benefit from the help of an experienced lawyer. Here are some reasons why it can be helpful to speak with a lawyer during your divorce:
- You need somebody on your side who can explain Florida divorce laws to you, including those regarding alimony.
- An attorney will make sure that everything is kept as fair as possible throughout the divorce process.
- The courts can be confusing and complex, which is why having an attorney on your side.
- An attorney can help you better communicate with your spouse and use reason.
- With an attorney on your side, the divorce process is likely to be more streamlined.
- Attorneys can help with all of the paperwork involved in a divorce.
Speak with a Florida Divorce Lawyer Immediately
Your divorce case is important to you, which is why you should have help from a Florida divorce lawyer who can ensure that your rights are being protected. At Robert Sparks Attorneys, we will help you navigate the legal system regarding your divorce and answer any questions that you have throughout the process. You should have knowledgeable and compassionate help on your side during the challenges of divorce. Please contact us today for a consultation regarding your case.
