The infidelity of one spouse is a common reason why many marriages crumble. However, Florida is considered “no fault” divorce state. This means that a spouse who is seeking a divorce does not have to show any wrongful conduct of the other spouse and a court will not get involved in the details of why a marriage deteriorated. The spouse seeking a divorce simply needs to state that the marriage is “irretrievably broken” and not capable of being repaired.
However, there are instances where infidelity or adultery of a spouse does matter and can affect the outcome of a divorce. For instance, adultery can affect equitable distribution, (the division of marital property and debts). In Florida, at the outset of a divorce, there exists a presumption that all assets and liabilities of a marriage will be divided evenly. Nevertheless, if a spouse can show that the other spouse intentionally dissipated or wasted marital assets to support their extra-marital relationship, the court may reduce the adulterer’s share of marital assets to compensate the innocent spouse for this waste. This includes any money that was used by the adulterer to purchase gifts, trips, dinner, etc. for the other relationship.
It is best to consult with an experienced Orlando divorce attorney to determine if the adulterous conduct of a spouse may or may not affect your divorce. Call Longwell Lawyers today at (407) 553-9599 and set up a consultation with your Orlando divorce attorney.