Adultery is probably the issue that causes emotions to rise more than any others in a divorce case.
Because Florida is a no-fault state, the mere fact that a party has committed adultery is usually not a factor considered by the court.
Although the alimony statute references that the court can consider a party’s adultery in determining the alimony issue, the case law which has evolved does not really support that notion.
If a party has committed adultery and dissipated (wasted) marital assets in the process (such as buying the third person jewelry or plane tickets to travel), then the court can determine the amount and the party who has been cheated on can ask that their share of the wasted money be reimbursed from the assets of the other party.
If the parties have minor children, a party’s adultery can be considered by the court in deciding which party should have the majority of overnights with the children. However, in practice. if the adultery has not somehow directly affected the children or a party’s ability to raise their children, then the adultery will usually not be a major factor in the court’s decision.
Copyright © 2009 Steven A. Leitman
Original posting on 904Divorce.com