Does Cheating Matter in a Florida Divorce?

Florida is a no fault divorce state, meaning that either party can file for divorce without providing a reason other than they don’t want to be married anymore. The marriage just has to be “irretrievably broken,” and this relieves the court from having to decide who is at fault in the divorce. Although divorces are deemed no one’s fault, adultery can have effect on other aspects of the divorce.

The effect of adultery in child custody in a Florida divorce

Things like moral fitness is one of the factors judges consider in making custody decisions. If one parent can prove or claim that the other’s adultery had or will have a negative impact on the child, the judge may limit the cheating parent’s custody or visitation. It can definitely have a negative impact when it comes to child custody decisions.

The effect of adultery in property division in a Florida divorce

divorce courtThe state of Florida attempts to divide all assets and debts evenly in a divorce as it is an equal distribution state. But if the adulterer spent money outside of the marriage on the non-marital partner, the court may consider this a waste of marital assets. You may be able to get more assets in the divorce in order to be compensated for your spouse’s wasteful spending.

The effect of adultery on alimony in a Florida divorce

In the state of Florida, adultery is specifically listed as a factor to be considered in determining the amount of alimony awarded. The no fault concept does make this a challenge when judges take this into consideration, but in the long run the judges typically increase the wronged spouse’s alimony if the adultery somehow increased the wronged spouse’s monetary needs.

Contact us to speak to a lawyer about your divorce options.

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