Infidelity or adultery is one of the most common reasons for divorce nationwide. Technically, adultery is a crime in Florida, although it rarely goes to court.
However, spouses may wonder if adultery will affect their divorce proceedings. Below are several answers that might provide some clarity.
Can Adultery Affect Divorce?
Florida is a no-fault divorce state. This means couples can legally end their marriage without proving that one spouse is to blame for the breakdown of the marriage.
In no-fault divorce states, either spouse can cite reasons such as “irreconcilable differences” or “irretrievable breakdown of the marriage.”
What About Property Division and Child Custody?
Florida follows the equitable distribution system for property division. Under this rule, courts divide property fairly and equitably, but the division is not necessarily equal. Courts will consider several factors, such as:
- Length of the marriage
- Age and health of each spouse
- Income and earning potential of each spouse
- Contributions to the marriage
However, adultery can complicate this division if it affects marital assets and causes harm to the other spouse. For example, if the unfaithful spouse uses joint funds for the affair, the court may award the nonadulterous spouse a higher allocation of the marital property.
Adultery may also impact child custody agreements. When deciding who will be the primary parent, judges will make decisions that center on the best interests of the child. This includes considering numerous factors, including but not limited to:
- The capacity of each parent to care for the child
- The stability of each parent’s home environment
- The moral fitness of the parents
Florida’s child custody statute does not specifically state adultery. However, it may coincide with “moral fitness.” The court may favor the other parent if it discovers that the unfaithful parent’s actions caused negative consequences for the child’s well-being.
Can Adultery Affect Alimony?
Adultery is not a primary factor in determining alimony unless it causes financial harm to the other spouse. Using marital assets to fund an affair would be a common example. In such cases, the judge may consider the money spent in calculating the alimony amount.
Unfaithfulness is not a hindrance to filing for divorce, but it can complicate other aspects of it, such as child custody, property division, and alimony. Legal guidance can be invaluable in situations like this. With an experienced divorce attorney, injured spouses can find ways to secure their future and move forward with their heads held high.