Three Ways Adultery Can Impact Your Divorce

Adultery has a devastating impact on a marriage. While some couples find it possible to address the issue and put it behind them, in other cases it can lead to a permanent breakdown of the relationship. Cheating on your spouse is not grounds for divorce in Florida, but it can impact other decisions that come up in divorce proceedings.

Adultery and Divorce in Florida 

Under Florida divorce laws, the only grounds required for a divorce to be granted is that both parties are residents of the state and that the relationship is irretrievably broken. At the same time, adultery may be a factor in the following divorce-related matters:

Marital Property Division

Any property or assets you accumulated during your marriage will be divided on an equitable basis. Under Section 61.075 of the Florida Statutes, if one partner is shown to have squandered marital assets or distributed them to other parties outside the marriage, the other may be entitled to a greater share. In cases involving adultery, this might include:

• Paying for hotel rooms or other travel arrangements;
• Paying for household or vehicle costs;
• Buying expensive gifts or spending money in pricey restaurants;
• Providing loans or access to credit cards.

Alimony

The fact that your spouse committed adultery is not the sole determining factor in awarding alimony, but it may act in your advantage depending on your other qualifications:

• The length of the marriage;
• The standard of living you were accustomed to during the marriage;
• Both spouse’s income and earning potential;
• Any career or educational sacrifices made to support your spouse’s career;
• If you sacrificed your own career goals to stay home with children.

Likewise, if your spouse can prove you committed adultery during your marriage, it may disqualify you from receiving alimony in your divorce.

Parenting Plans, Time Sharing, and Child Support

Under Florida parenting plan and timesharing statutes, the courts consider it in the child’s best interests for both parents to be actively involved in their children’s lives. As a result, parenting plans in which the child spends a certain time at each parent’s residence are developed with the following in mind:

• The established relationship between each parent and the child;
• The proven ability of each parent to provide for their child’s physical, emotional, and developmental needs;
• The moral fitness of each of the parents.

In this situation, a spouse’s adultery could be used to show that they are morally unfit and unable to devote themselves to the child’s needs, resulting in limited time sharing and an increased obligation for child support.

Let Our Florida Divorce Attorney Help You

For legal guidance on situations that could impact your rights in divorce proceedings, contact the Vanessa L. Prieto Law Offices, LLC  today. Our experienced divorce attorneys can advise you in situations where adultery is a factor, so that your rights are protected in decisions related to marital property, alimony, and timesharing. We provide compassionate, professional legal representation to clients in the Fort Lauderdale and surrounding areas, so call or contact our office online today to see how we can assist you.