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Steve W. Marsee, P.A. Orlando Divorce Attorney
  • Experienced DIVORCE ATTORNEY

Does Adultery Affect Alimony in Florida?

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It might seem unthinkable to hand over money to your ex after they have been unfaithful to you. Adultery may cause a divorce, but it can also continue to affect your life for many years after you end your marriage. Each alimony payment you make might serve as an intolerable reminder of the adulterous affair – and it may be somewhat humiliating. But what happens if you prove adultery in an Orlando divorce? Could this allow you to avoid paying alimony?

Adultery Does Not Automatically End Alimony in Florida

 The first thing you should know is that adultery does not automatically free you from your alimony obligations. This is not the same system that many other states followed, where a spouse who commits adultery immediately loses access to alimony. For example, North Carolina disqualified spouses from adultery in this manner. That being said, the adultery must be proven in civil court with a “preponderance of evidence.”

Adultery Can Affect Alimony Under Certain Circumstances in Florida 

That being said, adultery still has the potential to affect alimony in Florida – but only under very specific circumstances. To understand how adultery may affect alimony, you first need to understand something called “dissipation of assets.”

When a spouse intentionally or recklessly wastes marital assets, they may face financial penalties during property division in Florida. For example, a spouse might gamble away half the family fortune after hearing about the divorce. They might also intentionally destroy property held in the marital estate. Under Florida law, another example of this “waste” is spending money on an illicit affair.

For example, your ex might have spent considerable sums to fund their affair. They might have purchased various gifts for the illicit partner. They might have funded vacations with this individual. Perhaps they paid this person’s rent. Whatever the case may be, these losses can affect alimony awards. In other words, the family court will consider how much money was spent on the affair – potentially subtracting the total from alimony awards.

You Still Need to Prove Adultery 

Keep in mind that proving adultery isn’t always easy. This might require an exhaustive investigative process, and it could increase your total legal fees. You might need to consider the cost of this process vs. the potential alimony savings. An experienced family law attorney in Florida can help you make this cost-benefit analysis with confidence.

Find an Experienced Alimony Lawyer in Orlando 

If you’ve been searching for an alimony lawyer in Orlando, look no further than Steve Marsee, P.A. We know that reducing alimony is an important priority for many spouses, and we may be able to help you achieve this goal. In some cases, it is also possible to eliminate alimony altogether. Even if you are forced to pay alimony to a cheating spouse, Florida’s new laws mean that these payments will not continue for very long. Reach out today to learn more about your options.

Sources: 

dailymail.co.uk/femail/article-13323631/mother-lives-cheating-ex-revenge-karma-karaoke.html

floridapolitics.com/archives/641725-charlie-adelson-trial-day-2-an-ex-friend-ex-boyfriend-ex-girlfriend-officers-lawyer-an-accomplice-step-up/

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