Does Adultery Affect Alimony in Florida?
Alimony is the financial assistance and support that one spouse provides to the other spouse after the marriage ends. Alimony amounts are calculated and fixed by the judge. In Florida, when judges consider a claim for alimony, they take several factors into consideration. The main factors the court considers are one spouse’s need for alimony and the other spouse’s ability to pay alimony. A common concern for many people facing divorce is whether adultery can affect alimony decisions. So, can adultery affect alimony in Florida? While Florida is a no-fault divorce state, meaning the cause of a divorce does not need to be proven, adultery can still play a role in determining alimony, depending on the circumstances. Read on to learn more.
Factors Considered When Determining Alimony in Florida
In Florida, courts consider several factors when determining alimony. According to Florida Statute section 61.08, the following are some of the factors the courts are required to consider when making alimony determinations;
- Each party’s earning capacity, educational history, vocational skills, and employability
- The lifestyle established during the marriage
- The length of the marriage
- Each party’s financial resources and income
- Each party’s age and health, including mental health
- The contributions each party made to the marriage
The law also allows courts to consider the adultery of either spouse and any resulting economic impact when making alimony determinations.
Adultery and Alimony in Florida
Florida is a no-fault divorce state. This means that a spouse seeking divorce in the Sunshine State doesn’t have to prove the other spouse’s wrongdoing that led to the marriage ending. This differs from the fault system, which requires spouses seeking divorce to establish fault before they can get a divorce. In Florida, it is enough to state that you are seeking divorce because your marriage is irretrievably broken. The court is not necessarily interested in the reasons behind the marriage ending.
However, certain behaviors like adultery can influence the court’s decisions on divorce-related matters like alimony. Florida law states that the court may consider adultery and any resulting economic impact in deciding how much alimony to award, if any, to award. Essentially, if the adultery had a financial impact on the non-adulterous spouse or marriage, alimony will most likely be impacted. For example, if the “guilty” spouse spent a substantial sum of money on their lover during the marriage, the court may consider this when making an alimony determination. The court could award the “innocent” party more alimony.
It is vital to note that the mere fact that a spouse committed adultery is not enough to affect alimony. The key factor is whether the adultery financially harmed the non-adulterous spouse or the marriage. If no financial harm was suffered, adultery may have little or no impact on alimony. It is also crucial to note that if adultery resulted in the dissipation of marital assets, property division could also be affected. The court may adjust the property division to compensate the wronged spouse for the financial loss.
Contact Our Lakeland, FL, Family Law Attorney
If you need help with an alimony-related matter or another family law-related matter, contact our skilled Lakeland family law attorney at Darla K. Snead, P.L.
Source:
leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0000-0099/0061/Sections/0061.08.html
