How Does Adultery Affect a Divorce?

Florida is a no fault state.  That does not mean that adultery has zero effect on a divorce.  Many people want to use adultery in a punitive manner, but unfortunately, or fortunately, it cannot be done.  Most people want to use it as a defense or offense regarding alimony.  If you are the person seeking alimony, the other persons adultery means next to nothing.  It only comes into play if the adulterous party spent significant marital funds furthering the adulterous relationship.  For example, if the adulterer purchased jewelry for, say, $5,000.00, for the party for whom the adulterine party is having the affair with, then half of that $5,000.00 would be marital and theoretically should be paid back to the non-adulterous spouse. 

Adultery cannot be used as a punitive sword in receiving extra alimony.  There is a theory, however, that a person who is seeking alimony, who ended the marriage with adultery, should not receive as much alimony had that person not committed adultery.  To be clear, it would be hard pressed to normally get a trial judge to see this angle.  I believe, however, if it was appealed, this particular angle would work.  The legislature specifically put adultery in the alimony statute, and I believe that is the reason.  If the reason that somebody ends the marriage is by committing adultery, they are the ones who effectively ended the marriage and they should not benefit from the adultery by getting alimony.  I truly believe that if this angle were appealed it would win.  Unfortunately, for most people, they do not have the money to appeal a case. 

If you have any more questions regarding alimony or any other family law issue contact us at  Kenny Leigh and Associates is a law firm that exclusively represents men in the area of family law throughout the entire state of Florida.

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