Does adultery matter in a Florida divorce

Florida is a "no fault" divorce state. This means that either party may seek a divorce without a showing of cause. The spouse seeking a divorce simply needs to state that the marriage is "irretrievably broken." The "irretrievably broken" standard relieves the court of the complicated duty of deciding who is at fault, and the parties to the marriage are spared a very contentious court battle.

The division of marital property and liabilities is one issue that may be impacted by adultery. Florida is an equitable distribution state so there is a presumption that the marital assets and liabilities should be evenly divided. This presumption of an even distribution may, however, be overcome by proof that one spouse has intentionally dissipated or wasted marital assets. Gifts, trips, apartment rent, car payments, and dinners for one’s "friend" are all a waste of marital assets. The court may reduce the adulterer’s share of martial assets to compensate a spouse for this waste of assets.

In child custody battles, the court considers the "moral fitness" of a parent seeking custody. This "moral fitness" question opens the door for an introduction of the parent’s adulterous behavior. The critical question is whether the adultery had or is reasonably likely to have an adverse impact on the child. Adultery, while not in and of itself a bar to custody, may require an evaluation of the adulterer’s conduct and the surrounding circumstances to determine the impact on the child.

Under the Florida Statutes adultery is specifically listed as a factor to be considered in determining the amount of alimony awarded. In general the amount of alimony awarded a spouse is only increased, if the adulterous conduct increases the non-adulterous spouse’s monetary needs.

-- Carol A. Lawson,P.A.