Can Infidelity Affect Alimony in Florida?

Alimony is one of the details that have to be worked through during a divorce. The courts use a variety of factors to determine if a spouse gets alimony as well as how much they will be awarded. Just one of the factors considered is infidelity. Here’s a look at factors that influence alimony decisions, including adultery.

Factors Florida Courts Consider in Determining Alimony

The court must first determine if alimony will be awarded to a spouse in a divorce. After determining that alimony is warranted, they must determine how much alimony will be awarded. Infidelity is just one of those factors. The alimony laws in Florida provide the courts with the power to determine if either spouse should be awarded alimony, as well as how much alimony they should be awarded.

Some of the factors the court may consider include the following:

  • The educational history, employability, vocational skills, and earning capacity of each spouse
  • The physical and emotional condition and age of the spouses
  • The responsibility each spouse has in regard to minor children
  • Both spouses’ sources of income
  • Duration of the marriage
  • Standard of living the two spouses were accustomed to during their marriage
  • Contributions made by spouses to the marriage (education, childcare, homemaking, helping the other spouse reach career goals)
  • Tax consequences that could occur due to an alimony award

This is not a full list but provides a general idea of the things the court looks at to determine if one spouse or the other should be awarded alimony. The courts may award or deny a request for alimony, but there will still be a statement of facts provided to explain why the alimony was denied or awarded.

Does Infidelity Play a Role in Determining Alimony?

For infidelity to play a role in the amount of alimony awarded to a spouse, it would have to have a financial impact on the marriage or the family. For example, if the adulterous spouse spent significant amounts of money on their affair, and it caused a financial detriment, alimony or spousal support may be merited. Other examples of a financial impact due to infidelity would be lavish spending on jewelry, expensive vacations, or other non-marital expenditures that could have been used to benefit the family or marriage.

Infidelity may or may not affect an alimony award. A Florida divorce attorney can help work through these and other issues with divorcing couples.

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