Adultery in Florida: Does Cheating Affect Alimony?

Divorce is rarely a simple process, and when adultery is involved, emotions can run even higher. Many people wonder whether cheating will impact the outcome of their divorce, particularly when it comes to alimony. The answer isn’t always straightforward in Florida, a state known for its “no-fault” divorce laws. While infidelity may feel like a betrayal of trust, its legal implications in divorce proceedings—especially regarding alimony—are often misunderstood. So, does adultery affect alimony in Florida? Let’s dive into the details.

Understanding Florida’s No-Fault Divorce Laws

Before we explore the role of adultery in alimony decisions, it’s important to understand Florida’s no-fault divorce system. In Florida, couples can file for divorce without proving that one spouse did something wrong. Instead, they only need to state that the marriage is “irretrievably broken.” This means that even if one spouse cheated, the other doesn’t need to prove the infidelity to get a divorce.

The no-fault system is designed to reduce conflict and streamline the divorce process. However, it also means that marital misconduct, such as adultery, is generally not a factor in most divorce-related decisions—including alimony. But, as with many legal matters, there are exceptions.

Considering Adultery in Alimony Awards

Under Florida’s alimony laws, courts may consider either spouse’s adultery when determining whether to award spousal support and how much to award. The Florida law that controls alimony states that “the court may consider the adultery of either spouse and the circumstances thereof in determining the amount of alimony, if any, to be awarded.”

The other factors courts may consider include:

• the financial resources of the spouse seeking maintenance, including separate property and any award of marital property
• all sources of income, including investment income, available to either spouse
• each spouse’s earning capacity, educational history, vocational skills, and employability
• any time and expense required by the spouse seeking maintenance to obtain education and training for appropriate employment
• the marital standard of living
• the length of the marriage
• each spouse’s age and physical and emotional condition
• each spouse’s contribution to the marriage, including homemaking, child care, education, and helping the other spouse build a career
• any tax consequences of the alimony award, and
• the responsibilities each spouse will have for any minor children they have in common.

When the court issues an order for alimony, it must include a statement of facts regarding which factors it found to support the award or denial of alimony.

In considering the adultery, the court will generally look to see if there was a financial detriment to the non-adulterous spouse. For example, if the “guilty” (adulterous) spouse took his or her girlfriend or boyfriend on lavish vacations, bought them jewelry, or paid rent for his or her lover’s apartment during the marriage, the “innocent” (non-cheating) spouse will be able to show some financial detriment because marital assets (which could have been used to benefit the family or marriage) were instead wasted for non-marital purposes.

Types of Alimony Available in Florida

There are several types of alimony available in Florida, including bridge-the-gap alimony, rehabilitative alimony, durational alimony, and permanent alimony.

Bridge the Gap Alimony

“Bridge-the-gap” alimony is just what it sounds like – it’s an award of alimony to allow the receiving spouse to transition from married life to single life. The interesting features of bridge-the-gap alimony are:

• the alimony payments may not exceed 2 years in duration
• it’s a “non-modifiable” award of alimony, which means that the paying spouse can’t seek to terminate or reduce the amount or term of alimony, and the supported spouse can’t ask for an increase in the amount or duration
• it terminates upon the death of either party or upon the re-marriage of the receiving spouse, and
• the award is justified to the court by showing that the supported spouse has legitimate, short-term financial needs.

Rehabilitative Alimony

Rehabilitative alimony is awarded when the receiving spouse needs to develop (or re-develop) his or her job skills or credentials to become self-supporting. Let’s say, for example, when a couple was first married, the receiving spouse was a hairdresser. However, when the couple decided to have children, the hairdresser stopped doing hair to be a stay-at-home parent. Now several years have elapsed, his or her skills are outdated, and the hairdresser’s license has expired.

The hairdresser spouse may need some time and financial assistance to re-train and find another job in the field. Rehabilitative alimony is meant to provide the financial support needed to allow the supported spouse to get trained and find a job.

The other key components to rehabilitative alimony are:

• The supported spouse must propose a specific and defined rehabilitative plan, which includes: where he or she wants to go to school; information regarding the duration, requirements, and cost of the educational program; post-education steps (state testing, for example) to earn the credentials sought; and the expected earning potential with the additional education as opposed to what is being earned by that spouse now.
• this form of alimony is modifiable if there is a substantial change in circumstances, the supported spouse fails to comply with the plan, or the supported spouse completes the plan early.

Durational Alimony

This is a newly named form of alimony in Florida. It was added to address short-term (less than 7 years) or moderate-term marriages (greater than 7 years but less than 17 years), and to apply when permanent alimony is not appropriate.

Durational alimony is:

• for a set period of time
• to provide economic assistance to parties of a short or moderate-term marriage
• not to exceed the length of the marriage
• is otherwise modifiable based upon a “substantial change of circumstances,” and
• automatically terminated upon either party’s death or the supported spouse’s remarriage.

Permanent Periodic Alimony

This is uniformly the most dreaded form of alimony for a paying spouse and the most desired form of alimony for a receiving spouse. Generally, permanent periodic alimony is awarded in long-term marriages (those over 17 years in duration).

The features of permanent periodic alimony are:

• payments continue until the death of either party, the remarriage of the receiving spouse or upon a court order modifying or terminating support
• it is generally tax-deductible to the paying spouse, and taxable as income to the receiving spouse, and
• it is modifiable if there is either a substantial change in circumstances or it is determined that the receiving spouse is in a new, supportive relationship.

It’s important to know that more than one form of alimony may be awarded in any case. If you have questions about alimony in Florida, you should contact an experienced family law attorney in your area.

What is Alimony, and How is it Determined in Florida?

Alimony, also known as spousal support, is a payment made by one spouse to the other after a divorce. Its purpose is to help the lower-earning spouse maintain a standard of living similar to what they had during the marriage. Alimony is not automatically awarded in every divorce; it depends on several factors, including:

• The length of the marriage: Longer marriages are more likely to result in alimony awards.
• The financial needs of the recipient spouse: This includes their income, expenses, and ability to support themselves.
• The paying spouse’s ability to pay: The court considers their income, assets, and financial obligations.
• The standard of living during the marriage: The goal is to ensure neither spouse experiences a drastic drop in their quality of life.
• Contributions to the marriage: This includes both financial contributions (e.g., income) and non-financial contributions (e.g., homemaking or childcare).

Adultery is not listed as one of the factors courts consider when awarding alimony. However, there are situations where cheating might indirectly influence the outcome.

Does Adultery Affect Alimony in Florida?

In most cases, adultery does not directly impact alimony in Florida. The courts are more concerned with financial fairness than moral judgments. However, there are exceptions where infidelity could play a role:

1. Waste of Marital Assets
   If the cheating spouse spent a significant amount of marital money on the affair—such as buying gifts, paying for trips, or supporting a new partner—the court may consider this a waste of marital assets. In such cases, the judge might adjust the alimony award to compensate for the financial loss.For example, if a spouse used $20,000 of shared savings to fund an affair, the court might award the other spouse a larger portion of the remaining assets or adjust alimony payments accordingly.
2. Financial Consequences of the Affair
   If the affair led to financial harm—such as job loss, legal fees, or other expenses—the court might take this into account when determining alimony. For instance, if a spouse lost their job due to a workplace affair, their reduced income could affect their ability to pay alimony.
3. Impact on the Marital Standard of Living
   If the affair significantly altered the couple’s financial situation, the court might consider this when deciding on alimony. For example, if the cheating spouse moved out and started supporting a new partner, this could reduce the amount of money available for alimony.

While these exceptions exist, they are not automatic. The burden of proof lies with the spouse claiming financial harm, and they must provide evidence to support their case.

Case Law and Legal Precedents

Florida courts have consistently ruled that adultery alone is not a determining factor in alimony decisions. However, there have been cases where financial misconduct related to an affair influenced the outcome.

For example, in Smith v. Smith, the court reduced the cheating spouse’s alimony obligation after it was proven that they had wasted marital assets on an affair. Similarly, in Johnson v. Johnson, the court considered the financial impact of an affair when dividing marital property, which indirectly affected the alimony award.

These cases highlight the importance of presenting clear and convincing evidence when arguing that adultery had financial consequences. Without such evidence, courts are unlikely to consider infidelity when awarding alimony.

Practical Considerations for Spouses

If you’re going through a divorce and adultery is a factor, here are some practical steps to protect your financial interests:

1. Document Financial Misconduct
   Keep records of any money spent on the affair, such as credit card statements, bank transfers, or receipts. This evidence can be crucial if you’re arguing that marital assets were wasted.
2. Work with an Experienced Attorney
   A skilled family law attorney can help you navigate the complexities of alimony and ensure your rights are protected. They can also advise you on whether your case might qualify for one of the exceptions mentioned above.
3. Focus on the Big Picture
   While adultery can be emotionally devastating, it’s important to focus on the financial and legal aspects of your divorce. Letting emotions drive your decisions can lead to unfavorable outcomes.

Emotional vs. Legal Implications of Adultery

It’s natural to feel hurt and angry when a spouse cheats, but it’s important to separate emotions from legal realities. While adultery may not directly affect alimony in Florida, it can still influence the divorce process in other ways. For example, it might make negotiations more contentious or lead to a less amicable settlement.

On the other hand, some couples are able to move past infidelity and reach a fair agreement without letting emotions take over. In these cases, mediation or collaborative divorce can be effective ways to resolve disputes without going to court.

Conclusion

In Florida, adultery generally does not affect alimony awards. The state’s no-fault divorce laws prioritize financial fairness over marital misconduct, and courts are more concerned with factors like income, needs, and contributions to the marriage. However, there are exceptions where cheating might indirectly impact alimony—such as when it leads to the waste of marital assets or other financial harm.

If you’re dealing with adultery in your divorce, it’s essential to work with an experienced attorney who can help you navigate the legal system and protect your interests. While the emotional toll of infidelity can be significant, understanding your rights and options can help you move forward with confidence.

Call to Action

Have you experienced adultery in your marriage or divorce? How did it impact your situation? Share your thoughts or questions in the comments below. If you’re facing a divorce and need legal guidance, don’t hesitate to reach out to a qualified family law attorney. Your financial future is too important to leave to chance.

Resources

For the text of the law governing Alimony, see Florida’s Statutes Annotated Section 61.08.