Can the adultery of one spouse affect an award of alimony in Florida? As a no fault state, parties in a Florida divorce no longer need to prove fault when seeking a dissolution of their marriage. However, Florida statues state that the Court may consider the adultery of either spouse and the circumstances thereof in determining the amount of alimony, if any, to be awarded. The Florida Supreme Court ruled “the primary standards used in fashioning an equitable alimony award are the needs of one spouse and the ability of the other to pay.” Adultery becomes a consideration in determining the amount of an alimony award only if it caused a depletion to marital assets. In other words, if a cheating spouse spent marital money on his or her extra-marital affair.
If adultery is an issue in your divorce, you would be wise to consult with a qualified family law alimony attorney. Contact Family Law of Orlando to schedule an initial consultation with Attorney Wade P. Luther. We are conveniently located in Baldwin Park, just minutes from downtown Orlando. You may contact our offices by email or by calling (407) 835-9900.