If Your Spouse Cheated On You, Can You Avoid Alimony?
A spouse cheating on the other spouse can, and often does, lead to the end of a marriage. Even though cheating is significant, a spouse who has been cheated on may not be able to avoid being ordered to pay alimony.
What Is Alimony?
Right after a divorce, it is not uncommon for one spouse to pay the other spouse a certain amount of money every single month. This sum is called “alimony,” and within the state of Florida, some spouses are ordered to pay alimony to the spouse whom they just divorced.
The goal of alimony is to ensure that the other spouse has what they need to live the lifestyle that they are currently living. Doing so prevents the spouse receiving alimony from relying on government programs and other benefits.
Even though alimony can be awarded in any divorce, this doesn’t mean it always is. Rather, alimony isn’t always granted and, when it is, there are usually a few key reasons that determine why it has been granted.
What Does The Court Consider, When Awarding Alimony?
To consider whether or not to award alimony, the court considers a wide variety of factors. Some of these factors are as follows:
- Whether or not one spouse needs alimony.
- Whether or not the spouse who will pay alimony can do so.
- How long the marriage lasted.
- The lifestyle that both spouses have enjoyed.
- The parental responsibilities that both spouses took part in.
- The ways in which marital assets have been divided throughout the divorce.
- Whether or not one spouse sacrificed their career or earning power during the marriage.
Every single one of these factors is used to consider whether or not one spouse should be awarded alimony. And, if the court believes that they should, then it is likely that they will be awarded alimony.
If Your Spouse Cheated On You, Can You Avoid Alimony?
The answer to the question above is “No.” Someone whose spouse cheated on them cannot avoid alimony. But, even though this is the case, a judge has discretion, when it comes to considering adultery.
A judge may consider adultery, within the context of alimony, and choose to grant alimony to the spouse who cheated. But, a judge may consider adultery, and choose not to award alimony.
Regarding the latter point, this is often due to the fact that the judge believes there isn’t a significant financial disparity between the two spouses. Or, alternatively, that the other spouse will not be left destitute if they are not awarded alimony.
Sometimes, though, a judge may use adultery to determine whether or not alimony should be awarded. This is rare, but it does happen and, if the cheating was especially egregious, it can affect whether or not alimony is awarded.
Speak With A Tampa Alimony Lawyer Today
Obtaining a desired alimony outcome can be very challenging. Speak with a Tampa alimony lawyer at Westchase Law, P.A. today and we will assist you in obtaining the best possible alimony arrangement.
Sources:
law.cornell.edu/wex/alimony
leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0000-0099/0061/Sections/0061.08.html
