Florida is a “no-fault” divorce state, which means that adultery is not a ground for divorce. However, adultery can be a factor in determining whether or not alimony is awarded and, if so, how much alimony is awarded.
Under Florida law, the court may consider the “adultery of either spouse and the circumstances thereof in determining the amount of alimony, if any, to be awarded”. This means that the court is not required to consider adultery, but it may do so if it believes that adultery is relevant to the alimony decision.
The court will consider a number of factors when determining whether or not adultery is relevant to the alimony decision, including:
- Whether the adultery had a financial impact on the marriage. For example, if the adulterous spouse spent marital funds on the affair or dissipated marital assets, this may be considered by the court.
- Whether the adultery caused the breakdown of the marriage. For example, if the non-adulterous spouse left the marriage as a result of the adultery, this may be considered by the court.
- The length of the marriage. Longer marriages are more likely to result in an award of alimony, and the court may be more likely to consider adultery in a longer marriage.
Ramifications of Adultery in Alimony: Understanding the Court's Discretion
If the court does find that adultery is relevant to the alimony decision, it may award alimony to the non-adulterous spouse. The court may also award a higher amount of alimony to the non-adulterous spouse, or it may award alimony for a longer period of time. It is important to note that adultery is not a guarantee of alimony. The court will still consider all of the other relevant factors, such as the financial needs of the spouses and the length of the marriage, when making its alimony decision.
An additional factor that the court may consider is whether the spouse seeking alimony has entered into a “supportive financial relationship” with another person. A supportive financial relationship is one in which the other person provides financial support to the
spouse seeking alimony. This support can come in the form of money, gifts, or services.
If the court finds that the spouse seeking alimony is in a supportive financial relationship, this may impact the alimony award. The court may reduce the amount of alimony awarded or may deny alimony altogether.
How to protect your alimony rights in Florida
If you are considering divorce in Florida and you are concerned about the impact of a supportive financial relationship or adultery on your alimony rights, it is important to consult with an experienced family law attorney.
Here are some tips for protecting your alimony rights in Florida:
- Keep track of your finances. This includes tracking your income and expenses, as well as any financial support that you receive from another person.
- Be careful about how you spend marital assets. If you are concerned that your spouse may be dissipating marital assets, you may want to consult with Orlando Divorce Planning to discuss the impact.
- Be aware of the potential impact of adultery on alimony. If you are concerned about adultery, you may want to consult with an attorney to discuss your options.
If you are in a supportive financial relationship, you may want to consider discussing the relationship with your attorney. Your attorney can help you to understand how the relationship may impact your alimony rights. It is important to note that every case is different, and the outcome of your case will depend on the specific facts and circumstances. However, by consulting with an experienced family law attorney, you can increase your chances of protecting your alimony rights.
At Orlando Divorce Planning we can work with you in understanding what your alimony obligation may be based on several factors. We can help you determine the factors and apply the new caps both as they relate to duration and income to understand what your obligation may be.
Take Control of Your Future
When you consider divorce, or if you know someone who is contemplating divorce, one of the biggest realities for those in the divorce process is the financial settlement and financial analysis post-divorce. Get the assistance of Jessica A. Thompson, AAMS®, CDFA® at Orlando Divorce Planning.
We will provide step-by-step guidance on matters related to divorce. With a wide range of experience and expertise related to divorce issues, our team will simplify the process and provide much-needed clarity in areas such as long-term tax consequences, asset, and debt analysis, dividing pension plans, continued health care coverage, stock option elections, protecting support with life insurance, and much more.
