Adultery in Florida - Does Cheating Affect Alimony?

Florida may be the state of sunshine and flowers, but those happy elements do not imply that all marriages in the state are paradise. Far from it, in fact. Cheating is not a widespread problem in marital relationships, but when it does occur, it can often create substantial strain on the relationship. Adultery can even start a married couple down the path to divorce.

As many spouses know, cheating often has consequences. Aside from the effect of cheating on the marriage itself, cheating may affect the divorce process and any alimony awards received by the spouses. Each state varies on how exactly adultery will affect an alimony award, and so this article is intended to clarify that issue for the state of Florida.

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The Nature of Divorce in Florida

Before discussing whether adultery or cheating would affect an award of alimony or spousal support, the nature of divorce in Florida must be examined.Florida is a no-fault divorce state.¹This means that Florida courts will not use marital misconduct to determine whether the spouses are entitled to divorce.

About Florida Alimony Rules

Florida permitsdivorce courts to award four different types of alimony: bridge the gap, rehabilitative, durational, or permanent.² Bridge the gap alimony is available for a specific period of time to assist a dependent spouse in transitioning to single life. Rehabilitative alimony may be awarded to provide a spouse with a means to gain education or learn skills that may increase that spouse’s earning capacity. Durational alimony results in a court awarding alimony for only a set duration, after which time, alimony no longer needs to be paid. Permanent alimony involves continuing, periodic payments of a certain amount.

The amount of any alimony paid by either spouse will be determined using a variety of factors including:

• The standard of living during the marriage;
• The duration of the marriage;
• The age and health of the spouses;
• The financial resources of the spouses;
• The contributions of each party to the marriage;
• The responsibilities of the parties after the marriage; and
• Any available income that either spouse has.

No award of alimony will result in the payor spouse having less net income than the payee spouse.



The Effect of Adultery and Other For-Cause Grounds for Divorce on Alimony

Florida law explicitly allows courts to consider adultery and any circumstances thereof in their alimony determinations.If a spouse is seeking alimony based on adultery, however, proof of that adultery must be provided before a court will consider changing the amount of alimony.⁴ That said, adultery is only one factor that courts will consider, and at least one Florida appellate court has held that alimony payments should have been awarded to the spouse that committed the adultery.⁵

The Verdict:

Adultery can affect an award of alimony in Florida, but it is not the only consideration. While courts can consider adultery in making alimony determinations, the financial factors appear to be more important to Florida courts. If the payor spouse committed adultery, the fact of that adultery will not allow a court to award an amount of alimony so high that the payor spouse cannot afford to pay. Additionally, the cheating spouse may still be entitled to some alimony if his or her financial situation warrants it. 

If your spouse has been cheating on you and you plan to sue for divorce, you should consider contacting a local divorce attorney for assistance. Divorces involving adultery claims tend to be very messy lawsuits and will be very difficult to litigate on your own. Your rights can be best protected by proactively protecting your ability to succeed in your divorce litigation.

Note: This article is not legal advice. Please consult a lawyer for your specific situation.