If My Spouse Cheated, Am I More Likely to Get Alimony in Florida?

Most folks wouldn’t want to pay alimony to a cheating spouse. They probably feel as if their spouse caused the breakdown of the marriage and they don’t deserve to be paid for doing so. You’re not alone if you feel that way.

Florida Statutes § 61.08 provides a list of factors courts can consider when awarding alimony. The most significant factor is the duration of the marriage. However, the court can consider other factors as well. One of those factors is marital misconduct. So the question is: does marital misconduct play a significant factor in determining whether one spouse will receive alimony or not?

The answer to this question is usually ‘no’ in Florida. While the courts will consider marital misconduct, they don’t put a lot of weight on adultery specifically. Florida courts are more concerned about the dissipation of waste of assets belonging to the marital estate.

Factors that the court considers when awarding alimony to one spouse 

Importantly, there are several different types of alimony in Florida and each one has its own rules. For example, durational alimony can never be awarded for any marriage that lasted less than three years. The length and amount of durational alimony is related to other factors as well. Those include the length of the marriage, the paying spouse’s ability to pay the award, and the receiving spouse’s need for an award of alimony. In fact, for the Florida courts to award alimony, the judge must make factual findings concerning the paying spouse’s ability to pay and the receiving spouse’s financial need.

To accomplish this, the Florida courts will consider the relative income and assets of the spouse receiving alimony. Spouses who took care of the home and raised children may not necessarily have significant career prospects. They may also have a spotty work record, and would find it difficult to maintain their standard of living after the divorce. In such a case, the courts may favor an award of alimony to the spouse who could not maintain their standard of living post-divorce.

Marital misconduct is one consideration the courts can use to determine an alimony payment. Typically, however, the courts are more concerned with the dissipation of assets from the marital estate that results from conduct like adultery. They are less concerned about the fact that adultery occurred during the marriage than they are about the waste of assets. Strictly speaking, the courts are generally quite indifferent to allegations of adultery. Spouses, on the other hand, can be deeply wounded by cheating and feel betrayed by someone they love.

Talk to a Largo, FL Divorce Lawyer Today 

Cairns Law, P.A. is more than happy to answer any questions you have related to alimony or adultery. Call our Largo family lawyers today to schedule an appointment, and we can begin discussing your case right away.

Source:

leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=0000-0099/0061/Sections/0061.08.html