Posted by Nydia Streets of Streets Law in Alimony

When a spouse commits adultery, how does that affect Florida alimony? Generally, in order for a court to take adultery into consideration in a Florida divorce case, there has to be some financial connection to the marriage. For example, if a spouse spent money on furthering an affair, the other spouse may be entitled to a credit for the money spent. Alimony, however, is affected by an extramarital affair in a different way.  

The Florida Statutes state that alimony can be considered by the court in determining the length and amount of spousal support. A Florida divorce court is one of equity which means the judge has discretion and to determine what is fair and just under the circumstances. This leaves a broad range of freedom for a judge to consider how and if a spouse's infidelity should affect how much money is received and for how long.

If a cheating spouse asks for alimony, and it is that spouse's infidelity which broke up the marriage the court may deny or reduce the amount of alimony to be paid. Similarly, if a spouse who is asked to pay alimony is the one who was unfaithful and caused the dissolution of the marriage, the court may view this as a factor in setting the length of time the support will be paid. 

Proving infidelity, including the depth of it and how it led to the demise of the marriage, is often the difficult part of presenting it as a defense against or claim for alimony. Having a knowledgeable Miami divorce lawyer on your side can help you prepare your best case. A consultation is the first step in moving forward.