Does cheating affect the outcome of a divorce?

In Florida, the concept of a “no-fault” divorce allows spouses to dissolve their marriage without assigning blame or proving wrongdoing. This means that neither party needs to demonstrate that the other was at fault, such as through infidelity, to obtain a divorce. However, while adultery is not a required ground for divorce, it can influence certain aspects of the divorce proceedings.

Equitable Distribution of Marital Assets

Florida follows the principle of equitable distribution, aiming for a fair, though not necessarily equal, division of marital assets. If a spouse has used marital funds to support an extramarital affair—such as purchasing gifts, funding trips, or covering other expenses related to the affair—the court may consider this a misuse or dissipation of marital assets. In such cases, the court might compensate the non-adulterous spouse by awarding them a larger portion of the remaining marital property.

Alimony Considerations

When determining alimony, Florida courts assess various factors, including each spouse’s financial resources, earning capacity, and contributions to the marriage. While adultery does not automatically impact alimony decisions, it can be considered if the affair had financial implications. For instance, if one spouse’s infidelity led to significant expenditures of marital funds, the court may take this into account when deciding on alimony arrangements.

Conclusion

While Florida’s no-fault divorce laws mean that adultery is not a necessary ground for divorce, infidelity can still play a role in specific aspects of divorce proceedings. The misuse of marital assets due to an affair can affect property division and alimony decisions, and a parent’s moral conduct may influence child custody determinations. If you are navigating a divorce involving adultery, it’s essential to consult with a knowledgeable family law attorney to understand how these factors may apply to your situation. Johnson Ritchey Family Law Firm handles divorce matters every day. Give us a call to schedule your consultation.