Marriages fail for many reasons, often due to a lack of compatibility or changing circumstances, including financial issues or infidelity. Florida allows "no-fault" divorces, meaning either spouse can seek a divorce based solely on incompatibility and doesn’t need a reason for divorce. This means that a spouse’s misconduct, such as infidelity, doesn’t prevent them from getting a divorce.
However, prior actions can still be relevant. Courts may consider adultery when making decisions about property division, alimony, and time-sharing (child custody). An ex-spouse’s infidelity can influence how these matters are resolved.
What is the Definition of Infidelity?
Infidelity is defined as a voluntary sexual relationship between a married person and someone who is not their spouse. In Florida, it is technically a crime, though rarely prosecuted. Infidelity specifically refers to sexual relations; actions like giving gifts or going on trips without sexual contact do not constitute infidelity. During divorce proceedings, any relationships initiated while still legally married are considered infidelity.
How Can Infidelity Affect Property Division?
Florida courts aim to divide marital property equitably, not particularly equally. There are a few instances where the court will consider unequal distribution, one of these instances being infidelity. If a spouse involved in infidelity spends significant marital assets on their affair, this can impact property division. For instance, if the husband uses marital funds to support someone who is not the wife, the court may award the wife a larger share of the assets to compensate for the financial harm caused by the husband’s actions.
How Can Infidelity Affect Time Sharing?
In these cases, the court prioritizes the child’s best interests. Although infidelity isn't explicitly considered, it may reflect on a parent's moral fitness. If a parent's infidelity is deemed harmful to the child, it could result in reduced time sharing or visitation rights.
How Can Infidelity Affect Alimony?
Alimony can be granted based on need and the ability to pay. If infidelity has occurred, the court may consider evidence and the resulting economic impact in determining the amount of alimony. If a spouse involved in infidelity causes financial harm, like spending marital assets on an affair—the court may factor this into alimony decisions. For example, if the husband depletes their savings to finance gifts for his affair partner, the wife could argue for alimony based on her diminished financial situation.
Conclusion
While Florida’s no-fault divorce law allows either spouse to file for divorce without proving fault, the behavior of either party can still significantly influence court decisions regarding property division, time sharing, and alimony. Infidelity can lead to reduced asset shares or increased alimony obligations, especially when it results in financial harm. Moreover, issues of moral fitness related to infidelity can affect timesharing arrangements.
If you are considering divorce and need guidance or legal support, call us at 904-900-2419 or schedule a call here! Our team of experienced attorneys is dedicated to advocating for women's rights and best interests. Take the first step towards a brighter future for you and your family today.
