Is Adultery a Factor in Whether the Courts Award Alimony?

It stands to reason that you wouldn’t want to pay alimony to a cheating spouse. Why would you? You may feel as though they caused the breakdown of the marriage and they don’t deserve to be paid for an extended period of time for doing so. It’s perfectly natural to feel that way.

Florida Statutes § 61.08 provides a list of factors that the court considers when it awards alimony to one spouse. The most significant of these factors is the duration of the marriage. However, the court can consider other elements as well. One of those elements is marital misconduct. The question then becomes: Does marital misconduct play a significant factor in determining whether or not a spouse will receive alimony?

The answer to this question is generally no. While the courts do consider marital misconduct, they don’t put a lot of weight on adultery specifically. The courts are more concerned about the misuse or dissipation of marital assets.

Factors that the court considers when determining alimony in Florida 

The first thing to understand is that there are several different types of alimony available in Florida and each one has its own specific rules. For example, durational alimony can never be awarded for marriages that lasted fewer than three years. The length and amount of a durational alimony award is related to three other factors: The length of the marriage, the paying spouse’s ability to pay the award, and the receiving spouse’s need for the award. In fact, in order for the Florida courts to award alimony, the courts must make factual findings concerning the paying spouse’s ability to pay and the receiving spouse’s need for alimony.

How is this accomplished? The Florida courts will consider the relative income and assets of the receiving spouse after the divorce is finalized. Spouses who spend a lot of time at home raising the children or providing homemaking may not have significant career prospects, a spotty work record, and difficulty maintaining the same standard of living after the divorce. In those cases, the courts may favor an award of alimony to the spouse whose standard of living would drop if they were not paid alimony.

Marital misconduct is one consideration that the courts can use to impact an alimony payment. Generally speaking, however, the courts are more concerned with the dissipation of assets that results from adultery than the fact that adultery occurred during the marriage. The courts are generally quite indifferent toward adultery when it comes to divorce. Individual spouses, on the other hand, can be deeply wounded by adultery and feel betrayed by someone they loved.

Talk to a Tampa, FL Family Law Attorney Today 

Westchase Law, P.A. represents the interests of Tampa residents who are going through a divorce. Call our Tampa family lawyers today to schedule an appointment, and we can begin discussing key elements of your divorce such as equitable distribution of the marital estate, alimony, child custody, and child support.