Is Adultery A Factor In Whether The Courts Award Alimony?

Most people wouldn’t want to pay alimony to a cheating spouse. You may feel as though that spouse caused the breakdown of your marriage by cheating, and they don’t deserve to be paid for an extended period of time for their conduct. It’s perfectly reasonable to feel that way.

Florida Statutes § 61.08  provides a list of factors that the court considers when determining whether or not to award alimony to a spouse. However, the court can consider other elements as well. One of those elements is marital misconduct. Then the question becomes: does marital misconduct play a major factor when determining whether or not a spouse will receive alimony?

Generally, the answer to this question is no. While the courts may consider marital misconduct, they won’t necessarily put a lot of weight on adultery when it comes to making decisions about alimony. The courts instead are more concerned with the misuse of marital assets or the dissipation of those assets.

Factors that the court considers when determining alimony in Florida 

Firstly, there are several different types of alimony available in Florida. Each one has its own specific rules. For example, durational alimony can never be awarded for marriages that lasted fewer than three years. The length and amount of a durational alimony award are related to three other factors:

• the length of the marriage
• the paying spouse’s ability to pay for the alimony
• the receiving spouse’s need for alimony

In fact, for the Florida courts to award alimony, the courts must make factual findings concerning the paying spouse’s ability to pay for the alimony award and the receiving spouse’s need for alimony payments.

To accomplish this, the Florida courts will consider the relative income and assets of the receiving spouse after the divorce has been finalized. Spouses who spent a lot of time at home raising children and providing homemaking services may not necessarily have significant career prospects. They may also have a spotty work record, and difficulty maintaining the same standard of living after the divorce. In that case, the courts may favor an award of alimony to the spouse whose standard of living would drop if they weren’t paid alimony.

Marital misconduct is one factor that the courts may use to determine an alimony payment. However, the courts are more concerned with the dissipation of assets from the marital estate that results from adultery than the actual adultery itself. Spouses who cheat on their partners generally spend money on their paramours. If money has been depleted from the marital estate because of adultery, then there would be less money to divide during equitable distribution. The courts are generally quite indifferent towards adultery when it comes to divorce. It is not a major consideration when it comes to finalizing the divorce. On the other hand, individual spouses may be deeply wounded by adultery and feel betrayed by the person they loved.

Talk to an Orlando FL family law attorney today 

Greater Orlando Family Law represents the interests of divorcing spouses in the Orlando area. Call our Orlando family lawyers today to schedule an appointment and we can begin addressing your concerns right away.