Does Adultery Affect Divorce in Florida?

Divorce is a challenging and often emotionally charged process, made even more complex when issues such as adultery come into play. While cheating on one’s can have implications for divorce proceedings in Florida, the extent of its impact and how it influences the outcome of the divorce can vary depending on several factors.

How Adultery Can Impact Your Divorce

Florida is a no-fault divorce state, which means that neither spouse has to prove wrongdoing on the other’s behalf to get a divorce. Instead, filing a divorce for “irreconcilable differences” or the general breakdown of the marriage is reason enough to get a divorce.

The existence of no-fault divorce, however, doesn’t mean there isn’t a good reason to cite adultery during divorce proceedings. When infidelity has had a financial impact on marital assets or could affect the well-being of children, the court may take it into account when deciding on financial and custody matters.

Adultery & Alimony

If one spouse can prove that the other's adultery caused financial harm, it may affect the alimony decision. For example, a cheating spouse who spends money on dates or gifts that support their affair can pay more in alimony to make up for the dissipation of those assets.

However, the court considers various factors beyond just adultery, such as the length of the marriage, each spouse's financial situation, and their contributions to the marriage. These factors may ultimately be more important considerations for the court.

Infidelity & the Division of Assets

Florida follows the principle of equitable distribution when dividing marital assets during divorce. This means that assets acquired during the marriage are generally divided fairly but not necessarily equally. While adultery itself may not directly affect asset division, if it led to financial misconduct or the dissipation of marital assets, it could be considered by the court during equitable distribution.

Cheating & Child Custody

Adultery typically has minimal direct impact on child custody arrangements unless it directly affects the well-being of the child. Courts prioritize the best interests of the child when making custody decisions, focusing on factors like each parent's ability to provide a stable environment and foster a healthy relationship with the child.

If someone’s romantic relationships adversely affect their ability to provide for their child’s basic needs, or the new romantic interest is a potential danger to children, the court may consider these factors when determining child custody.

How to Prove Adultery in Florida

When adultery is an aspect of divorce that one spouse believes the court should consider for the distribution of assets, arranging alimony, or assigning custody, that spouse is responsible for proving adultery occurred.

Evidence such as the following may be used to establish an adultery claim:

  • Text messages
  • Emails
  • Photographs
  • Hotel receipts
  • Bank statements
  • Witness testimony

Because the burden of proof lies with the accusing spouse, they should consult with an attorney who can help them gather this evidence. It may even be necessary to hire a private investigator who can obtain additional evidence.

Contact Us for Legal Assistance

If adultery played a role in your reason to get a divorce, it’s important to consult with an attorney as soon as possible. If your spouse is or was having an affair, significant marital assets may have been lost that could be accounted for in a fair alimony and/or property distribution settlement. Likewise, it’s important to consider your children’s safety isfyour spouse is bringing a new person into their lives who may be harmful to them.

Tinny, Meyer & Piccarreto, P.A. can provide the legal guidance you need during this difficult time. For many years, we’ve helped people like you seek resolutions to legal challenges similar to yours. Rest assured that we have what it takes to address your legal concerns and offer ways in which we can help.

Contact Tinny, Meyer & Piccarreto, P.A. online now to request a consultation.