Does cheating have an impact on Florida divorce cases? Are you in this type of situation, wondering what you should do now? I’m Scott Kalish, a divorce and family law attorney in South Florida, and I’m here to clarify this issue.
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The Role of Cheating in Divorce
Cheating is one of the leading causes of divorce. Whether you’re the cheater or the one who’s been cheated on, it’s only natural to wonder how adultery could affect your divorce proceedings. In Florida, the short answer is yes; the court can consider cheating, but that can vary.
Infidelity is unfortunately not uncommon in Florida. According to a study conducted by Florida State University News, the state has seen a significant increase in divorce cases, citing adultery as a contributing factor. Social media and online dating platforms have added to this.
Alimony and Adultery in Florida
Under Florida Statute 61.08, the court can consider adultery when determining the amount of alimony to be awarded. However, in practice, judges do not give this factor as much weight as you might think. Although the law does allow for consideration of adultery in determining how much alimony you should get, it’s not typically a main consideration in the decision. The primary factors remain the need and ability to pay.
No-Fault Divorce Laws in Florida
One thing to be aware of is that Florida is considered a “no-fault” divorce state. This means neither party is required to prove the other’s fault or misconduct to obtain a divorce. This legal framework allows for divorce to be granted based on irreconcilable differences without the need to prove adultery or any other form of misconduct by a party.
Division of Marital Assets in Cases Involving Infidelity
Cheating can influence the division of assets and debts in a divorce case. The court will examine whether the adulterous spouse used marital funds to support their affair. For instance, if marital money was spent on luxury items, vacations, or even paying a lover’s rent, the court can compensate the innocent spouse.
This is a crucial point; simply having an affair doesn’t automatically entitle the innocent spouse to a more significant share of marital property.
Florida Case Law Insights From Similar Adultery Cases
In a 2016 decision, the First District Court of Appeals provided important context. The court ruled that absent a showing of a related depletion of marital assets, a party’s adulterous misconduct alone is not enough to award a more significant share of those assets to the innocent spouse.
Similarly, adultery alone is not a valid reason to deny the adulterous spouse alimony if the need and ability to pay are established.
Emotional vs. Financial Impact
Emotionally, dealing with infidelity can be devastating when your partner cheats on you. However, in terms of its financial impact on a divorce case, it often doesn’t play a significant role in your case unless there is clear evidence of financial misconduct involved with an affair.
Each case is different, and the specific facts in that case will determine how much weight adultery carries in the judge’s decision with your case.
Conclusion
In conclusion, while cheating can impact a Florida divorce case, its influence is generally limited to specific financial circumstances around the affair. The primary considerations for child support, or alimony, remain the need and ability to pay. Equitable distribution focuses on whether marital assets were misused in an affair.
If you’re wondering what you should do next with your divorce, please reach out to us at Kalish and Jaggars for a free divorce strategy session. We’re here to help you navigate through this challenging time.
Again, if you found this article helpful, please subscribe to the Florida Divorce Podcast. Your source for the information you need to successfully get through your divorce and onto the next exciting chapter of your life.
