Florida is a no-fault divorce state, meaning that spouses are allowed to file for divorce for any reason. Assigning blame isn’t necessary and proving a reason, like an affair, isn’t required. However, a judge could consider an extra-marital affair when deciding some of the terms of a divorce.
If an illicit affair is proven, the court might factor that information in when deciding the division of assets, spousal support, and perhaps child custody.
The Affect of an Affair on a Florida Divorce?
In general, the Florida court system doesn’t try to determine who was at fault and who made a divorce necessary. But in determining how to divide up marital property and if alimony is required, a judge may have to look at the circumstances of an affair.
How Is the Division of Assets Decided in a Divorce After an Affair?
With Florida’s no-fault policy, spouses who cheat aren’t necessarily punished for violating the bonds of marriage. However specific actions during an adulterous relationship are sometimes considered when dividing up assets and property.
If an affair involved a married person booking hotel rooms, planning expensive trips, or providing gifts to a lover, a judge would have to consider those circumstances. Any marital assets belonging to both partners spent on a fling could be restored to the faithful partner.
That could mean the wronged party would get a bigger portion of divided savings, retirement accounts, and other property. It could affect a judge’s ruling on who gets to keep a house.
How is Spousal Support Affected in a Divorce Involving an Affair?
The support of a relationship outside of marriage could also affect the amount of spousal support a judge awarded to a dependent partner. A dependent spouse is a spouse who relies in large part on income and other support from the supporting spouse. The supporting spouse may be the partner who works and earns income or has the highest-paying job in the relationship.
If the supporting spouse spent a large amount of money to maintain a romantic relationship, it may signal to a divorce court that the spouse can afford to pay spousal support. It could be a factor in determining how much a dependent spouse receives in alimony.
How Is Child Custody Affected in a Divorce Involving an Affair?
In any divorce involving children, those young lives will be the most important consideration in any divorce agreement. The children must be given the best chance to continue with their development in the most stable and secure environment possible.
Judges do look at moral character when deciding who will receive custody of children and where they will live. A lifestyle of lying and deceit may cast a bad light on a cheating spouse.
The home life of a child will also be a huge consideration for any judge asked to decide the terms of a divorce. If a parent engaged in an affair, or several relationships outside of marriage, a judge could read that as a sign that the spouse’s focus wouldn’t be on raising children when a divorce goes final.
Don’t Leave Your Tampa Area Divorce to Chance
An affair that leads to divorce is an unfortunate outcome. A judge can consider these circumstances when determining the terms of divorce. However, a judge can get things wrong for both sides. It’s critical to seek the help of a divorce attorney who can make sure the court takes into account all sides so they can make an informed and fair decision.
Robert Sparks Attorneys provides strong legal protection for those going through a divorce in the greater Tampa area. Contact Robert Sparks Attorneys to schedule a divorce consultation when you have questions about how an affair may affect the terms of your divorce.